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ON  THE  CHARGE  OF 


REPORTED  AND  PUBLISHED 


1 

TRIAL 


HOWARD  3T„  NEAR  BALTIMORE  ST.,  BALTIMORE,  M[ 


BOARD,  $2.60  PER  EA’S'. 


I>ealer.-'  in 


Standard  Whiskies 


PROPRIETORS  OF  THE 


PICKWICK  CLUB  WHISKEY, 

And  Sols  Agents  for  Rninart  Pere  et  Fils,  Reims,  Celebrated 


Cor.  Pratt  and  Charles  Streets, 


BAVT  mORE,  MD 


k 


TRIAL 


OF 

Mrs.  Elizabeth  6.  Wharton, 

ON  THE  CHARGE  OF 

POISONING- 

GENERAL  W.  S.  KETCHUM. 

TRIED  AT 


ANNAPOLIS,  MD. 

.December,  1871— January,  1872. 


REPORTED  AND  PUBLISHED 

BY 

THE  BALTIMORE  GAZETTE. 


> 


THE  ALLEGED 


POISONING  CASE  IN  BALTIMORE. 

ARREST  OF  MRS.  ELIZABETH  6.  WHARTON. 

"  ■■  ■ 


Great  excitement  was  created  in  Baltimore 
in  July,  1871,  by  tlie  rumor  that  Mrs.  Eliza¬ 
beth  G.  Wharton  was  charged  with  poisoniug 
several  persons,  visitors  at  her  house. 

The  lady,  charged  with  the  crimes,  moved 
among  the  most  highly  respectable,  wealthy 
and  influential  circles  in  Baltimore,  and  ex¬ 
treme  caution  had  been  exercised  by  her 
friends  and  the  officers  of  the  law  in  keeping 
secret  the  facts  of  the  case,  for  fear,  doubtless, 
that  there  might  be  exaggerated  and  injurious 
reports.  On  the  23d  of  June  General  Ketchum, 
an  old  army  associate  and  friend  of  the  late 
Major  Wharton,  and  intimate  with  his  family, 
arrived  at  the  residence  of  Mrs.  Wharton,  on 
Hamilton  Place,  intending  to  spend  a  few 
days.  On  the  24th  of  June,  the  day  after  his 
arrival,  he  was  taken  suddenly  ill,  and  died 
on  the  28th. 

During  his  illness  he  was  attended  by  Dr. 
P.  C.  Williams.  While  General  Ketchum  lay 
ill  Mr.  Eugene  Van  Ness,  for  years  on  inti¬ 
mate  terms  with  the  family,  called  to  spend 
the  evening.  Shortly  after  his  arrival  Mrs. 
Wharton  offered  him  and  several  other  per¬ 
sons,  who  were  present,  glasses  of  beer,  which 
she  said  contained  drops  of  gen,tiau  (a  strong 
tonic),  and  her  hospitality  was  accepted.  In 
i  brief  time  Mr.  Van  Ness  became  very  sick 
ind  had  to  remain  in  her  house.  His  family 
vere  notified, and  Dr.  Chew  was  summoned  to 
ittend  him. 

As  the  sudden  death  of  General  Ketchum 
tad  excited  remark,  the  unexpected  illness  of 
lr.  Van  Ness  also  created  a  suspicion  of  crime, 
it  this  time  General  Ketchum  had  not  been 
uried,  hut  his  remains  had  been  removed  to 
Vashington  by  his  friends.  Professor  William 
I.  A.  Aikin,  of  the  Maryland  University,  was 


reciuested  to  analyze  his  stomach,  and  after 
a  patient  performance  of  his  work,  reported 
twenty  grains  of  tartar  emetic.  In  tho  mean 
time  Mrs.  Wharton  had  continued  her  prepa¬ 
rations  to  leave  on  Monday  night,  July  10th, 
for  Europe,  via  New  York,  intending  to  sail 
on  the  Wednesday  following. 

On  the  10th  July,  1871,  the  following  war¬ 
rant  was  issued: 

“Please  issue  bench  warrant,  on  the  oath  of 
Deputy  Marshal  Jacob  Frey,  for  the  appre¬ 
hension  of  Mrs.  Henry  Wharton,  residing  at 
263  North  Entaw  street,  Baltimore,  upon  the 
charge  of  feloniously,  willfully  and  of  her 
malice  aforethought,  poisoning,  killing  and 
mudering  General  Ketchum,  of  the  United 
States  army,  28th  June,  1871  Issue  also  bench 
warrant  against  the  same  party  for  attempt¬ 
ing  to  poison  Eugene  Van  Ness,  on  the  24th  of 
June,  1871,  on  the  oath  of  Deputy  Marshal 
Frey. 

“Frederick  Pinkney, 

“Deputy  State’s  Attorney  for  the  city  of  Balti¬ 
more.” 

Marshal  Frey  immediately  visited  the  house 
and  laid  the  warrant  and  notified  Mrs.  Whar¬ 
ton,  Miss  Nellie  Wharton  and  two  colored  ser¬ 
vants  in  the  house  that  they  were  in  custody. 
Messrs.  I.  Nevitt  Steele  and  John  H.  Thomas 
were  promptly  engaged  as  counsel  by  Mrs. 
Wharton’s  friends.  They  requested  Judge  Gil- 
m  or  to  be  present  in  tbe  city  to  receive  an  ap¬ 
plication  for  bail,  if  they  thought  proper  to 
make  it.  His  Honor  complied  with  the  request 
and  decided  to  refer  the  case  to  the  Grand 
Jury.  Shortly  after  Mrs.  Wharton  was  regu¬ 
larly  presented  and  committed  to  jail.  Her 
daughter  was  allowed  to  occupy  her  prison 


2 


THE  ALLEGED  P0LS0N1NG  CASE  IN  BALTIMORE. 


room  with  her,  and  the  two  remained  there 
until  the  case  came  up  for  trial  at  Annapolis, 
to  which  place  it  had  been  removed  by  the 
prisoner’s  counsel. 

Mrs.  Wharton’s  husband,  son  of  Judge 
Wharton,  of  Philadelphia,  was  a  graduate  of 
West  Point  and  au  officer  of  the  army.  He 
died  in  1867.  Mrs.  Wharton  was  Miss  Eliza¬ 
beth  G.  Nugent,  of  Philadelphia, and  is  sister  of 
Dr.  Nugent,  now  of  Pittston,  Pa.  Early  in 
1870  Major  Harry  W.  Wharton,  Jr.,  of  the 
United  States  service,  and  only  son  of  Mrs. 
Wharton,  died  at  his  mother’s  residence.  His 
life  was  insured  for  a  very  large  amount  in 
well  known  Life  Insurance  Companies.  The 
full  amount  of  these  policies  was  paid  to  Mrs- 
Wharton. 

The  evidence  in  the  case  of  General  W 
Scott  Ketchum  is  contained  in  the  following 
report.  He  was  connected  with  the  Qua  ter- 
master’s  Department,  was  a  widower^and  left 
two  children. 

In  the  case  of  Mr.  Eugene  Van  Ness,  who 
was  Clerk  in  the  House  of  Alexander  Brown 
&  Sons,  bankers,  and  who  was  an  intimate 
friend  of  Mrs.  Wharton’s,  and  said  to  be  very 
familiar  with  her  accounts,  it  was  stated  that 
while  on  a  visit  to  the  residence  of  the  ac¬ 


cused,  on  the  24th  of  June,  he  drank  a  glass  of 
beer,  after  pouring  into  it  a  few  drops  of  tinc¬ 
ture  of  gentian.  He  was  immediately  taken 
ill,  and  carried  to  a  bed-chamber,  where  he 
was  attended  by  Dr.  S.  C.  Chew,  and  also  by 
Mrs.  Van  Ness,  his  wife,  until  the  Friday  fol¬ 
lowing,  when  he  was  removed  to  his  home. 
Also  that  a  glass  of  beer,  directly  from  the 
hands  of  the  accused,  was  offered  Mr.  Van 
Ness,  and  laid  aside;  that  its  contents  were 
afterwards  subjected  to  chemital  examina¬ 
tion,  and  found  to  contain  fifteen  grains 
of  tartar  emetic,  an  antimonial  poison, 
composed  of  tartrate  of  potassa  and 
antimony,  ten  or  fifteen  grains  of  wind 
will  produce  death.  This  occurrred  on  the* 
28  th  .of  June,  the  day  of  Genera' 
Ketchum’s  death,  in  the  same  house.  Dr.  Wil¬ 
liams  communicated  these  facts  to  the  Mar 
shal  of  Police,  and  to  the  brother-in-law  oi 
General  Ketchum,  Paymaster  General  Brice 
at  whose  instance  a  post  mortem  examina-] 
tion  was  made  of  the  stomach  of  deceased,  re¬ 
sulting  iu  the  reported  discovery  of  twenty 
grains  of  tartaremetic,  which  remained  in  the 
stomach  after  the  continued  vomitings  of  tin 
deceased. 


TEI  AL 

0  F 

O  S.  E.  G.  VHAETON, 

ON  THE  CHARGE  OF  POISONING 

GENERAL  W.  S.  KETCHUM. 


In  Saturday  morning,  December  2d,  1871,  Mrs. 
G.  Wharton,  who  since  the  date  of  her  arrest 
Sjd  been  confined  in  the  Baltimore  City  Jail,  was 
:tified  that  she  was  to  be  removed  to  Annapolis 
!]  trial. 

.’he  message  of  the  Warden  was  received  by 
Is.  Wharton  with  composure,  and  her  last  night 
i  lis  custody  was  passed  quietly.  On  Saturday 

i  rning  at  the  hour  named  Warden  Irvin  as- 
uded  to  Mrs.  Wharton’s  room  in  the  main 
fVer  of  the  jail,  and  requested  her  toaccom- 
[iy  him.  She  and  her  daughter,  dressed  in 
[  timing  and  wearing  heavy  veils,  were  in  read- 
1  3s,  and  without  delay  the  party  descended  to 
t  first  floor.  Here  they  were  joined  by  Mrs.  J. 

[  wford  Neiison,  of  Harford  county,  who,  from 
[  beginning  of  Mrs.  Wharton’s  incarceration, 
b  been  her  most  devoted  friend.  In  a  few 
a  utes  more  the  bars  of  the  prison  gate  had 
)  a  passed,  and  all  were  in  readiness  for  the 

!  '.mencement  of  the 

JOURNEY  TO  ANNAPOLIS. 

hack  had  been  procured  by  the  friends  of 
J  Wharton,  and  was  in  waiting.  Warden  Ir- 
r:  assisted  Mrs.  Wharton,  Mrs.  Neiison  and  Miss 
^  Yton  into  the  vehicle,  and,  following,  seated 

ii  self  by  the  side  of  his  prisoner.  The  time  of 
1  Wharton’s  departure  had  been  kept  secret, 

J  with  the  exception  of  half  a  dozen  police 
1  ers,  who,  after  delivering  prisoners  to  the 
i  were  on  their  return  to  the  Middle  District 
I  on  House,  no  one  witnessed  the  scene. 

1 

IT 


drive  to  the  steamer  Sam’lJ.  Pentz,  which  had 
been  selected  by  the  Warden  as  the  means  of 
conveyance  to  Annapolis,  was  accomplished  in 
good  time,  and  was  devoid  of  any  incident  of  in¬ 
terest. 

During  the  passage  to  Annapolis  Mrs.  Whar¬ 
ton’s  spirits  seemed  better  than  at  any  time 
since  her  arrest,  and  she  evidently  enjoyed  the 
view  and  scenery  of  the  bay.  The  ordinary  sub¬ 
jects  of  the  day’s  news  formed  the  topics  of  her 
conversation,  but  she  was  silent  as  to  her  ap¬ 
proaching  trial,  and  no  allusion  was  made  to  the 
occasion  of  her  journey.  At  half  past  9  o’clock 
the  steamer  reached  Annapolis.  It  had  become 
known  that  Mrs.  Wharton  would  probably  arrive 
by  the  route  of  the  bay,  and  fifty  or  sixty  persons 
were  assembled  on  the  wharf  to  get  a  look  at  the 
unhappy  woman  whose  trial  during  the  present 
week  will  be  “the  event  of  the  day”  in  that  quiet 
community.  Alex.  B.  Hagner,  Esq.,  associate 
counsel  of  Mrs.  Wharton,  and  her  old  friend,  Dr. 
Stewart,  of  the  United  States  navy,  were  in  wait- 
ing  upon  the  wharf  to  receive  her.  As  soon  as 
she  had  left  the  boat  the  crowd  gathered  towards 
her,  but  there  was  no  unbecoming  demonstra¬ 
tion.  She  appeared  considerably  annoyed  by  the 
attention  she  had  attracted,  but  quietly  entered  a 
carriage  which  had  been  kept  in  waiting,  and 
was  quickly  followed  by  her  daughter,  Mrs.  Neii¬ 
son  and  Mr.  Irvin.  The  vehicle  was  then  driven 
rapidly  to  the  county  jail  of  Anne  Arundel 
county,  situated  on  Calvert  street,  about  a  half 
mile  from  the  wharf. 


The 


;; 


' 


REPORT  OE  THE  TRIAL. 


FIRST  DAY. 

Annapolis,  Md.,  December  4,  1871. 

As  was  anticipated,  the  commencement  of  the 
rial  of  Mrs.  E.  G.  Wharton  has  occasioned  much 
xcitement  in  this  city.  The  court  room  was 
rowded  during  the  entire  proceedings  to  day, 
nd  everything  indicated  the  deep  interest  felt  in 
he  case.  A  large  number  of  ladies  were  con¬ 
tact,  attendants  Many  of  the  most  prominent 
itizens  of  Annapolis  were  in  the  court  room  to- 
ay,  and  the  interest  evidenced  is  earnest,  but 
erv  calm  and  respectful. 

At  ten  minutes  before  10  o'clock  Mrs.  Wharton 
rrived  in  a  hack  In  front  of  the  courthouse,  and 
'as  accompanied  by  her  daughter,  and  Mr.  and 
[rs.  J.  Crawford  Neilson,  Sheentered  the  court 
)om,  leaning  on  Mr.  Neilson’s  arm,  without 
elay,  and  too'k  a  seat  in  the  witness’  box  and  to 
le  right  of  the  Judge’s  Bench.  Her  entrance 
as  accomplished  in  a  very  quiet  manner,  and  no 
articular  excitement  followed. 

Upon  the  opening  of  the  court  Chief  Justice 
filer  called  cases  No.  7  and  8  on  the  criminal 
Dcket,  removed  from  Baltimore  city,  and  in¬ 
ured  of  the  State’s  At.lorney  if  the  State  was 
■ady  to  proceed  to  trial.  Tne  State’s  Attorney 
■.plied  that  he  had  not  called  the  list  of  the 
ate’s  witnesses,  and  that  he  moved  that  the 
■isoner  be  first  arraigned,  as  she  had  not  been 
■raigned  in  the  Criminal  Court  of  Baltimore, 
id  that  it  be  on  the  first  indictment,  namely,  for 
e  murder  of  General  Wm.  Scott  Ketchum.  Mr. 
eele,  counsel  for  the  defence,  signified  the  as- 
nt  of  the  prisoner’s  counsel,  and  the  Chief 
idge  ordered  the  Sheriff  to  place  the  prisoner 
the  bar.  Mrs.  Wharton  arose  leisurely,  and 
king  the  arm  of  her  counsel,  Alex.  B.  Hagner, 
iq  ,  proceeded  towards  the  prisoner’s  box,  the 
owd  giving  away  as  she  passed.  She  removed 
t  veil  before  leaving  her  seat,  and  for  the  first 
ne  revealed  her  countenance  to  the  gaze  of 
e  crowd.  Her  daughter  followed  her  closely, 
d  Deputy  Sheriff  Basil  followed  at  a  pace, 
hen  she  reached  the  prisoner’s  box  she  quietly 
ok  her  stand,  and  her  daughter,  deeply  veiled 
d  with  her  head  slightly  bowed,  stood  close  to 
r  left,  but  outside  of  the  box.  Mr.  Steele  then 
piested  the  Chief  Judge  to  allow  the  prisoner 
take  her  seat,  as  the  indictment  was  lengthy 
d  her  health  feeble.  Judge  Miller  said  the 
urt  would  consent  after  the  reading  of  the 
at  count  of  the  indictment.  As  Mrs.  Wharton 
md  in  the  criminal  box  she  wore  a  composed 
d  sad  expression.  She  showed  no  emotion, 
t  seemed  calm  and  resigned.  Occasionally, 
wever,  a  nervous  movement  of  her  lips  and 
es  showed  that  it  was  a  painful  and  trying  occa- 
n  to  her.  The  crowd  pressed  toward  her,  and 


stared  with  earnest  curiosity.  Some  stood  upon 
the  benches  that  they  might  obtain  a  better  view 
of  her. 

As  soon  as  the  court  had  consented  to  the  re¬ 
quest  of  Mr.  Steele,  Colonel  Sprigg  Harwood 
said  to  the  prisoner,  in  the  usual  court  formula, 
“Raise  up  your  right  hand.”  At  these  words  she 
looked  at 'him  steadily  ,  and  drawing  her  right 
hand  from  her  muff,  raised  it  to  her  shoulder. 
The  reading  of  the  lengthy  indictment,  naming 
her  as  Elizabeth  G.  Wharton,  then  followed,  and 
at  the  conclusion  of  the  first  count  she  was  al¬ 
lowed  to  seat  herself.  A  half  hour  was  consumed 
in  the  reading  ef  the  indictment,  and  when  the 
momentous  question,  “What  say  you,  guilty  or 
not  guilty?”  was  asked,  Mrs.  Wharton  answered 
in  a  clear  voice,  but  little  tremulous,  “Not 
guilty.” 

She  then  left  the  prisoner’s  box  and  took  her 
seat  immediately  in  rear  of  her  counsel,  with  her 
daughter  to  her  left  and  Miss  Rosa  Neilson  and 
Mrs.  J.  Crawford  Neilson  to  her  right.  Without 
delay  she  drew  down  her  veil  and  she  and  her 
daughter  sat  close  to  each  other,  both  appearing 
much  relieved  at  the  change  in  their  positions. 

After  the  long  list  of  witnesses  had  been 
called,  the  Judge  ordered  the  names  of  the  first 
twelve  jurors  on  the  regular  panel  to  be  called, 
and  Colonel  Harwood  proceeded  to  obey  the  or¬ 
der. 

At  this  moment  Mrs.  Wharton  removed  her 
veil  aside  and  sat  calmly  awaiting  the  call  of  the 
jurors.  She  seemed  less  agitated  than  her  daugh¬ 
ter,  who  kept  her  veil  down,  and  it  was  noticea¬ 
ble  that  she  manifested  none  of  the  nervous  in¬ 
terests  the  proceedings  which  usually  charac¬ 
terizes  persons  on  trial  for  their  lives. 

The  selection  of  the  jury  was  then  proceeded 
with,  and  after  a  number  had  been  challenged, 
and  several  had  been  excused,  the  following 
eight  were  selected: 

J.  Franklin  Deale,  foreman;  George  M.  Taylor, 
Jr.,  Stephen  Beard,  Benjamin  R.  Davidson,  Jas. 
A.  Bruce,  Lloyd  Brown.  George  Johnson,  Jr.,  and 
Chas.  C.  Stewart. 

The  court  then  adjourned  for  the  day.  The 
trial,  of  course,  excites  intense  interest.  The 
management  of  the  case  will  doubtless  show 
much  ability  and  skill  on  both  sides,  and  the 
court  will  be  called  upon  to  decide  many  delicate 
questions  as  to  the  evidence  offered.  Judges 
Hammond  and  Hayden  will  be  present  to  morrow 
and  until  the  conclusion  of  the  case.  As  the 
character  of  the  alleged  crimes  becomes  devel¬ 
oped  by  the  testimony,  the  attendance  upon  the 
trial  will  probably  be  considerably  increased. 
Many  of  the  details  have  never  been  published, 
and  the  contradictory  statements  which  have 
been  given  have  served  to  heighten  the  curiosity 
of  the  public  to  learn  the  fullest  particulars. 


6 


THE  WHARTON-KETCHUM  TRIAL. 


SECOND  MAY. 

Annapolis,  Md.,  December  5,1871. 

The  proceedings  to-day  in  the  trial  of  Mrs.  E. 
G.  Wh artjon  were  marked  by  increased  and  more 
earnest  interest.  The  court  room  was  even  more 
crowded  than  on  yesterday,  the  large  number  of 
witnesses  in  attendance  considerably  augment¬ 
ing  the  spectators.  Judges  Hammond  and  Hay¬ 
den  were  on  the  bench  to-day,  and,  as  was  antici¬ 
pated,  the  counsel  engaged  have  shown  their  de¬ 
termination  to  avail  themselves  of  all  the  ad¬ 
vantages  they  conceived  the  rules  of  evidence 
would  allow.  Hon.  A.  K.  Syester  arrived  yester¬ 
day  afternoon,  and,  together  with  a  large  number^ 
of  the  witnesses  for  tne  defence,  is  stopping  at' 
the  Maryland  Hotel.  He  qualified  this  morning 
before  his  Excellency  Governor  Bowie  as  Attor¬ 
ney  General  ol  Maryland,  and  has  been  actively 
engaged  to-day  with  the  State’s  Attorney. 

The  first  business  ot  the  court  was  tne  comple¬ 
tion  of  the  panel.  After  some  lit  tle  delay  the  fol¬ 
lowing  four  jurymen  were  selected,  this  complet¬ 
ing  the  twelve:  John  H.  Sellman,  R.  W.  Sheck- 
ells,  George  W.  Watkins  and  Robert  H.  Welch. 

The  Chief  Judge  then  charged  the  jury,  telling 
them  that,  the  trial  would  probably  be  long  and 
tedious;  that  they  must  consider  themselves  set 
apart  from  the  rest  of  men,  and  thatno  papers  or  ! 
anv  communications  could  be  allowed  them. 

Mrs.  Wnarton,  leaning  on  the  arm  of  Deputy 
Sheriff  Basil,  then  proceeded  to  the  prisoner’s 
box,  her  daughter  following  and  seating  herself 
at  her  side.  Colonel  Harwood,  the  clerk  of  the 
court,  then  said:  “Elizabeth  G.  Wharton,  stand 
up  and  hold  up  your  right  hand  ”  She  stood  up, 
with  the  same  composed  look  which  had  distin¬ 
guished  her  conduct  on  yesterday,  and  gently 
removing  her  heavy  veil,  stood  with  her  hand 
raised  before  the  jury  and  court,  awaiting  the 
second  reading  of  the  indictment. 

She  seemed  very  calm,  but,  as  on  yesterday,  it 
was  evidently  a  struggle  with  ner.  Colonel  Har¬ 
wood  then,  in  a  loud  and  clear  voice,  read  to  the 
jury  the  lengthy  indictment  for  the  murder,  by 
poisoning,  of  General  William  Scott  Ketchum. 
The  fearful  issue  was  now  made  up  between  the 
State  of  Maryland  and  Mrs.  Wharton,  the  law  ) 
of  the  State  declaring  the  crime  of  which  she  was 
thus  formally  accused  to  be  punishable  with 
death,  and  the  jury  being  denied,  by  the  law,  the 
right  to  bring  in  a  secondary  verdict. 

The  Chief  Judge  now  ordered  the  State’s  At> 
torney  to  proceed  with  his  opening  statement  to 
the  jury.  Mr.  Revell  arose,  amid  profound  si¬ 
lence,  and  said: 

May  it  please  the  court,  and  you,  gentlemen  of 
the  jury:  The  oath  that  you  shall  well  and  truly 
try,  and  a  true  deliverance  make  between  the 
State  of  Maryland  and  the  prisoner  at  the  bar,  • 
has  been  so  solemnly  taken  by  you  that  I  feel 
that  I  can  add  nothing  to  impress  it  upon  you. 
Knowing  you  personally,  and  acquainted  with 
your  high  character,  I  feel,  too,  that  no  word  of, 
admonition  is  necessary  from  tne.  While  you 
will  be  called  upon  in  the  discharge  of  your  high 
and  solemn  duty—  solemn  as  the  grave  and  as 
momentous  as  life— to  extend  the  shield  of  the 
law  to  prevent  wrong  to  the  prisoner,  you  will 
be  called  upon  to  protect  also  the  State  of  Mary¬ 
land. 

The  State’s  Attorney  then  remarked  to  the  jury 
that  the  case  had  been  removed  from  Baltimore 


city,  and  came  before  the  jury  as  if  it  had  t 
curred  in  the  county  of  Anne  Arundel,  and  brie 
stated  the  four  counts  of  the  indictment.  The  li 
on  the  subject  of  the  indictment  is  brief  a 
simple.  The  137th  section  ol  the  Code  of  Mai 
land,  chapter  21,  declares  all  murder  by  poise 
ing  to  be  murder  in  the  first  degree.  He  th 
read  from  Wharton  on  Homicide,  giving  t 
legal  definition  of  murder.  The  question  betwe 
the  State  of  Maryland  and  the  prisoner  was  o 
of  murder  in  the  first  degree,  or  nothing — libe 
or  death.  He  then  proceeded  to  introduce  to  t 
attention  of  the  jury  the  main  facts  of  the  ca 

The  State  would  show  that  Major  Harry  7 
Wharton,  the  late  husband  of  the  accused,  w 
an  intimate  associate  of  General  Ketchum  in  t 
Sixth  Regiment  of  the  United  States  Armv,  a 
that  the  intimacy  between  General  Ketchum  a 
Major  Wharton’s  family  continued  alter  the  dea 
of  Major  Wharton,  and  led  to  business  relatio 
General  Ketchum  loaned  Mrs  Wharton  the  si 
of  S2,600,  and  took  her  note.  The  iast  interi 
paid  on  the  loan  was  on  the  25th  of  January  la 
and  it  was  known  to  the  accused  that  inter 
was  again  due  oa  the  17th  of  June  last.  On  1 
16th  or  17th  of  June  last  Mrs.  Wharton  went 
Washington  to  see  General  Ketchum  about  t 
note,  and  assigned  as  a  reason  for  not  paving  tj 
interest  that  her  bankers  had  disappointed  b 
On  the  Saturdav  previous  to  his  death  Gene 
Ketchum  left  Washington  in  perfect  health,  a 
in  company  with  Mrs.  Chubb,  an  intimate  frier 
and  arriving  in  Baltimore,  went  immediately 
the  residence  of  Mrs.  Wharton  to  take  leave 
her  before  her  contemplated  departure  for  E 
rope,  and  for  the  purpose,  as  he  declared,  of  c 
lecting  the  amount  of  the  note  he  held.  On  t 
evening  of  the  day  Gen.  Ketchum  arrived 
Mrs.  Wharton’s  he  was  taken  violently  sick.  T 
State  would  prove  that  Mrs.  Wharton  had,  at 
administering  medicines  which  made  Gene 
Ketchum  each  time  violently  sick,  administers 
final  dose  to  him  before  the  hour  named  for  h 
to  take  medicine  by  Dr.  Williams,  who  was 
attendance  upon  him,  and  exhibited  an  ea< 
desire  to  administer  it.  Mrs.  Wharton  did  t 
leave  the  scene  of  her  tragic  act  until  Gene 
Ketchum  in  his  agony  commenced  to  tear 
throat  and  stomach.  The  stomach  of  Gene 
Ketchum  was  carefully  analyzed  by  Prof.  Aik 
and  twenty  grains  of  tartar  emetic  found,  8 
there  were  no  indications  in  the  brain,  liver 
heart  ot  \y  natural  disease.  Mrs.  Wharton  p 
chased  two  quantities  of  tartar  emetic  on  i 
day  of  General  Ketchnm’s  death.  The  St 
would  also  prove  that  Mrs.  Wharton  made  c 
tradictory  statements  in  reference  to  her  mo 
ments,  and  that  she  went  so  far  as  to  try  to 
duce  a  witness  for  the  State  to  make  a  statenn 
to  the  Grand  Jury  in  Baltimore  that  was  not  tr 

The  State  would  show  by  the  testimony  of 
doctors  who  attended  General  Ketchum,  and 
experts,  that  General  Ketchum  could  have  d 
from  nothing  but  poison  Mrs.  Wharton  was. 
the  time  of  General  Ketchum’s  death,  very  mi 
straitened,  and  she  had  been  trying  for  so 
time  to  raise  a  letter  of  credit  before’  leaving 
Europe.  A  human  life  had  been  foully  tak 
and  the  testimony  for  the  State  would  conn 
Mrs.  Wharton,  beyond  a  doubt,  as  the  princl 
actor. 

Mr.  Steele  informed  the  Jury  that  the  cour 
for  the  defence  would  reserve  their  stateme 
If  he  might  be  allowed  to  use  a  homely  phrast 


THE  WHA R TON-KETCHUM  TRIAL . 


1 


laking  of  so  “eloquent”  an  opening  statement, 
would  say  “the  bark  was  worse  than  the  bite.” 
would  say  nothing  further  at  present,  but  the 
ence  was  confident  that  it  would  be  the  duty, 
well  as  the  pleasure  of  the  jury,  after  hearing 
the  testimony,  to  render  a  verdict  of  ac- 
ttal. 

Irs.  Eliza  0.  W.  Chubb,  of  Washington,  was 
t  called  and  testified— I  reside  in  Washington 
(,  and  have  lived  there  over  thirty  years;  I  am 
raged  in  the  Treasury  Department.  [Here  the 
ness  was  stopped  until  the  fire  had  been  fixed, 
it  operation  causing  considerable  noise.  [After 
ne  delay  she  continued— I  knew  Gen.  Ketchum 
■y  well,  and  had  known  him  for  seven  years;  I 
;e  known  the  accused  for  twenty-two  years; 
the  24th  of  June  last  I  went  from”  Washington 
Baltimore. 

'he  witness  was  now  asked  if  Gen.  Ketchum 
:ompanied  ln-r,  and  Mr.  Steele  objected,  but 
er  some  slight  discussion,  she  was  allowed  to 
itinue: 

leneral  Ketchum  accompanied  me,  and  ap- 
ired  to  me  to  be  very  well;  I  had  seen  him 
trly  every  day  before  we  went  together  to  Bal- 
lore,  and  he  appeared  very  well;  I  was  in  the 
fit  of  seeing  him  daily;  I  never  heard  that  he 
i  been  sick  the  week  before;  we  left  Washing 
i  on  the  10:40  A.  M.  train,  and  went  directly  \o 
s.  Wharton’s  residence  alter  reaching  Baiti- 
re;  Mrs.  Wharton  met  us  at  the  door;  she  told 
Mr.  Van  Ness  was  lying  ill  in  her  house;  soon 
er  arriving  the  General  left  his  bag  and  went 
vn  town  to  purchase  some  tobacco.  At  the 
table  both  General  Ketchum  [and  I  ate  very 
irtily,  remarking  that  we  felt  very  hungry; 
s.  Wharton  presided  only  a  few  minutes,  when 
■  was  called  away;  she  did  nothing  at  the 
ile  except  to  give  each  of  us  a  cup  of  tea;  I 
l’t  recollect  whether  or  not  that  was  repeated ; 
en  supper  was  over  General  Ketchum  and  I 
at  to  the  third  story,  as  Mrs.  Wharton’s  house 
s  crowded  by  Mr.  Van  Ness’  relatives  and 
nds:  we  sat  together  in  his_  room  and  talked 
il  nearly  11  o’clock,  when  t  bade  him  good 
ht;  while  we  were  there  Mrs.  Wharton  came 
1  asked  if  we  were  comfortable  and  if  we 
ited  anything;  in  the  night  General  Ketchum 
i  taken  sick;  I  cannot  tell  the  hour;  I  did  not 
him,  and  cannot  say  how  he  was  taken  sick; 
only  circumstance  was  that  he  came  down 
rs  oace  or  twice;  some  one  remarked  that  the 
leral  was  sick;  there  was  a  number  around  and 
|.’t  know  who  said  it;  I  cannot  say  how  long  he 
i  down  stairs;  the  next  day  (Sunday)  he  came 
m  and  partook  of  breakfast;  he  remarked 
the  had  not  been  well  the  previous  night;  he 
(  gned  no  cause  and  did  not  say  how  he  was 
.  cted,  except  to  say  that  he  had  been  sick  at 
stomach;  he  complained,  however,  of  giddi- 
(3;  Sunday  morning,  after  breakfast,  he  went 
i  of  the  house  and  was  gone  nearly  an  hour;  I 
i  the  house  and  did  not  return  until  after  tea 
I:  evening;  he  told  me  that  morning  that  he 
i  not  well  enough  to  go  church  with  me,  and 
I . .  I  would  have  to  go  without  him;  I  returned 
tveen  8  and  9  o’clock  that  evening;  the  Gen- 
t  seemed  brighter  and  better,  and  was  sitting 
i  le  dining  room,  talking;  several  were  in  the 
in,  but  I  don’t  think  I  can  recall  the  name  of 
f  one;  we  sat  and  talked,  and  retired  about  11 
nek;  some  lemonade  was  offered  by  Mrs. 
iirton  to  us,  and  he  and  I  partook  of  it;  I 
9  k  she  asked  if  we  would  like  to  have  some; 


the  General  remarked  that  be  was  afraid  of  the 
acid,  but  that  if  “a  stick  was  put  in  it,”  he  would 
drink;  some  brandy  was  offered. 

Mr.  Steele — I  suppose  a  “stick”  meant  brandy. 

Mr.  Revell— We  have  examined  no  experts 
about  a  “stick”  in  lemonade;  we  know  nothing 
of  “a  stick”  of  our  own  knswledge.  This  caused 
some  laughter,  which  the  court  promptly 
checked. 

The  witness  continuing — A  gentleman  came  in 
to  speak  with  Mrs.  Wharton,  and  I  am  under  the 
impjession  thatit  was  a  Mr.  Moale;  thelemonade 
was  prepared  by  Mrs.  Wharton,  in  the  dining 
room,  almost  at  my  elbow,  and  we  were  talking 
to  her  while  she  was  making  it;  Gen.  Ketchum 
sat  half  lacing  Mrs.  Wharton,  and  talking  to  her; 
she  was  making  it  on  a  sort  of  buffet,  or  sideboard; 
in  my  turning. to  speak  to  her  I  could  see  the 
vessels  in  which  she  was  preparing  it;  Mrs. 
Wharton  handed  it  to  us  on  a  small  waiter  or  a 
plate,  I  don’t  remember  which;  both  glasses 
were  together  and  I  suppose  I  took  the  one 
nearest  me;  I  don’t  remember  who  took  a  glass 
irom  the  waiter  first;  trandy  was  suggested,  but 
I  don’t  remember  who  brought  in  the  brandy  or 
who  went  after  it;  the  General  poured  brandy 
into  his  glass,  but  none  was  poured  into  mine; 
that  was,  I  think,  about  10  o’clock,  and  we  did 
not  retire  until  about  11  o’clock;  I  heard  that 
General  Ketchum  had  been  taken  sick  during 
that  night,  but  I  had  no  conversation  with  him, 
nor  did  I  see  him  after  I  bade  him  good  night; 
I  heard  him  coming  down  stairs;  it  was  in  the 
night,  but  I  have  no  idea  of  the  hour;  I  next  saw 
him  on  Monday  morning,  just  before  breakfast, 
and  he  complained  of  being  unwell;  he  again 
complained  of  a  sick  stomach  and  giddiness;  he 
complained  of  nothing  else;  I  heard  him  once  or 
twice  sick  at  the  stomach,  as  if  he  was  throwing 
up;  I  don’t  remember  the  numher  of  times  I  was 
in  his  room  that  day;  he  continued  unwell  all  day 
long,  and  in  the  afternoon  consented  to  have  a 
physician,  and  I  went  for  Dr.  Williams,  and 
brought  him  over;  I  had  suggested  once  or  twice 
that  he  should  have  a  physician;  Mrs.  Wharton 
had  also  urged  upon  him  the  necessity  of  having 
a  physician,  and  asked  me  if  I  would"  go  for  one; 
on  Tuesday  morning  I  left  the  house  twenty  min¬ 
utes  of  7;  on  my  return  to  Washington  i  first 
went  to  General  Ketchum’s  room  and  talked  with 
him  through  the  keyhole;  he  told  me  he  was 
better  and  would  come  over  on  the  11  o’clock 
train  and  take  dinner  with  me;  Dr.  Williams  pre¬ 
scribed  a  bottle  of  medicine  for  Gen.  Ketchum; 
late  in  the  evening  Mrs.  Wharton  come  down  and 
said  that  going  into  the  General’s  room  and  not 
seeing  the  bottle  she  had  knocked  it  off  a  chair 
and  broken  it;  I  suppose  that  was  an  hour  or  two 
after  the  medicine  had  been  prescribed;  Mrs. 
Wharton  said  she  was  going  to  the  druggist’s  to 
have  it  renewed,  and  I  offered  to  go  for  her;  she 
said  the  broken  vial  had  been  picked  up  and 
thrown  into  the  slopjar;  I  don’t  remember 
whether  she  said  she  or  a  servant  had  thrown  it 
in  the  slopjar;  she  said  she  wanted  the  medicine 
replaced  before  the  time  came  for  General 
Ketchum  to  take  it  according  to  Dr.  Williams’ 
directions;  Mrs.  Wharton  asked  me  to  get  for 
her  a iittle  tartar  emetic  for  her  breast;  I  then 
went  to  Gosman’s  drug  store;  1  told  the  clerk 
that  I  wished  medicine  for  a  gentleman  at  [Mrs. 
Wharton’s  who  had  been  prescribed  for  just  an 
hour  before  by  Dr.  W’iliam’s;  I  got  the  medicine 
for  General  Ketchum  and  paid  for  it;  I  also  asked 


8 


THE  WHABTON-KETCHUM  TRIAL. 


for  a  little  tartar  emetic  for  Mrs.  Wharton;  the 
clerk  asked  me  if  Mrs.  Wharton  wished  it  for  her 
breast;  and  I  told  him  she  did;  he  then  said  some¬ 
thing  in  an  undertone  to  a  boy,  and  after  awhile 
gave  it  to  me;  Mrs.  Chubb  here  folded  a  piece  of 
paper,  measuring  about  2J  iuches  square,  and 
said  the  Daper  containing  tne  tartar  emetic  was 
about  that  size.  Continuing,  she  said: 

I  returned  and  Mrs.  Wharton  and  several 
ladies  were  at  the  supper-table;  I  put  General 
Ketchum’s  medicine  on  the  mantel,  and  said 
audibly,  ‘‘here  is  General  Ketchum’s  medicine,” 
I  laid  the  tartar  emetic  on  the  mantel,  also;  that 
night,  after  we  had  gone  up  stairs  together,  I 
saw  Mrs.  Wharton  shaking  the  little  package 
over  a  mustard  plaster,  and  I  saw  her  throw  the 
paper  in  a  slop-jar;  I  was  lying  on  the  bed  and 
could  see  her  distinctly;  I  also  saw  her  apply  the 
plaster;  she  was  standing  at  the  washstand  when 
she  silted  the  tartar  emetic  on  the  plaster;  the  gas 
light  was  burning  rather  dimly,  but  I  could  see 
her  well;  1  remember  the  occurrence  oi  nothing 
else  during  the  evening;  Mrs.  Wharton  and  I  oc¬ 
cupied  together  the  back  room,  on  the  second- 
storv;  General  Ketchum  occupied  the  third-story 
front  room;  Mrs.  Wharton  did  not  retire  any 
night;  she  was  up  off  and  on  all  Saturday,  Sunday 
and  Monday  nights;  I  saw  the  servant  taking 
General  Ketchum  a  cup  of  tea  and  a  slice  of  toast 
on  Monday,  but  I  saw  nothing  else  taken  to  him: 
Susan  Jacobs  was  taking  it  to  him;  Mrs.  Whar¬ 
ton  asked  me,  since  I  purchased  the  tartar 
emetic  and  after  her  arrest,  if  Icould  identify  the 
person  lrom  whom  I  had  bought  the  tartar 
emetic;  I  told  her  I  could,  and  she  said  it  was 
important  that  I  should  have  my  mind  clear 
on  that  subject,  and  not  confuse  one  purchase 
with  the  other;  she  impressed  upon  me 
the  importance  of  my  Deing  able  to  identify 
the  person  from  whom  I  had  made  the 
purchases.  Mr.  Revell— “Was  anything  said 
about  another  purchase?”  Mr.  Steele  objected; 
the  cross-examination  was  going,  he  thought,  too 
far,  when  the  issue  was  one  of  life  or  death,  and 
Judge  Miller  said  he  thought  the  cross-examina¬ 
tion  becoming  too  general.  Mr.  Revell  said  he 
mei  ly  desired  to  have  the  mind  of  the  witness 
refreshed.  Some  desultory  discussion  followed, 
and  the  witness  continued: 

We  both  felt  assured  that  but  one  purchase 
was  made,  and  Mrs.  Wharton  said  that  as  I  was 
a  stranger  in  the  store,  and  several  other  pur 
chasers  were  present  at  the  time  I  was  there,  it 
was  particularly  necessary  that  I  should  be  able 
to  identify  the  person  who  gave  it  to  me;  I  did 
not  have  any  conversation  with  Mrs.  Wharton 
on  any  other  subject;  the  conversation  took  place 
in  her  own  house  a  day  or  two  after  her  arrest;  I 
think  she  was  arrested  on  Monday  evening;  I 
went  to  Baltimore,  by  invitation  of  Mrs.  Whar 
ton,  to  see  her  before  she  went  to  Europe,  but 
the  conversation  about  the  tartar  emetic  did  not 
occur  at  that  time;  when  I  reached  Baltimore  I 
found  her  in  her  house;  I  don’t  remember  any 
other  conversation  about  the  tartar  emetic;  I 
don’t  think  any  one  was  present  at  the  time  of  the 
conversation;  I  did  not  see  Mrs  Wharton  out  of 
her  house  on  the  Monday  previous  to  the  death 
of  General  Ketchum,  except  in  the  alternoon, 
when  she  went  with  me  and  returned  with  me. 

Mr.  Revell,  having  written  out  an  interroga¬ 
tory,  proposed  to  read  it  to  the  court,  and  know 
whether  or  not  the  court  wonld  rule  it  out  as  one 
going  too  far  as  a  leading  question. 


Mr.  Hagner  objected,  and  Mr.  Steele  furthe 
objected  in  some  strenuous  remarks. 

The  written  question  was  then  passed  by  Mi 
Revell  to  Mr.  Thomas,  who  sat  nearest  to  him. 

Mr.  Syester  said  the  State  only  desired  to  ri 
call  to  the  recollection  of  the  witness  what  ha 
escaped  her.  The  court  considered  the  questio 
for  several  minutes,  and  Judge  Miller  announce 
the  decision  ofthe  bench  substantially  as  follow!1 

The  rules  that  govern  the  asking  of  legal  ques! 
tions  have  been  in  a  great  degree  modified,  an 
it  has  been  left  almost  entirely  in  the  discretion 
of  the  court.  Tue  object  was  to  get  at  the  who] 
truth,  and  the  discretion  ofthe  court  was  goii 
erned  by  the  circumstances  in  each  case.  Th; 
court  did  not  conceive  that  there  could  be  an. 
objection  in  asking  the  question,  considering  tb 
manner  and  character  of  the  witness  on  th 
stand. 

Mr.  Revell  then  asked  the  written  questiot 
“Did  Mrs.  Wharton  or  did  she  not  make  am 
statement  to  you  to  the  effect  that  she  haj 
bought  tartar  emetic  on  the  Monday  precedin. 
the  death  of  General  Ketchum  ?” 

Mrs.  Chubb  promptly  replied:  “She  made  n 
remark  about  it  as  far  as  I  can  remember,  excep 
that  she  never  bought  any  tartar  emetic.” 

The  witness  was  next  asked  by  Mr.  Syester 
she  remembered  having  any  conversation  wit 
General  Ketchum  on  his  way  to  Baitimore  as  t 
his  object  in  going  to  Baltimore. 

Mr.  Hagner  said  quickly,  “We  object,”  an 
Mr.  Syester  said  to  Mrs.  Chubb.  “Don’t  answe" 
that  question  yet.” 

The  court  asked  Mr.  Syester  to  state  how  hj 
intended  to  follow  up  the  question. 

Mr.  Thomas  begged  leave  to  suggest  that  ' 
would  be  better  for  Mr.  Syester  to  make  h  . 
statement  only  to  the  bench,  so  as  to  avoid  an 
prejudice,  if  there  be  possibly  any  prejudiciJ 
which  might  arise  in  a  discussion  of  the  questioj 
before  thj  jury. 

Mr.  Syester  said  the  same  question  of  law  it 
volved  in  the  question  he  had  propounded  wouli 
come  up  in  a  subsequent  stage  of  the  case,  anl 
he  was  willing  that  tne  question  should  be  waive 
for  the  present  if  the  counsel  for  the  detent 
would  consent  that  the  witness  should  at  anothd 
time  be  recalled  to  testify  on  the  point  raised.  I 

Judge  Miller  said  it  made  no  difference  wilt 
the  court  at  what  time  the  question  was  argued 

Mr.  Syester  then  stated  to  the  court  that  t:J 
State  proposed  to  show  by  the  witness  that  Gel 
Ketchum  went  to  Mrs.  Wharton’s  to  colle 
money  which  she  owed  him.  and  that  he  to< 
with  him  the  note  of  Mrs.  Wharton  for  S2.6C 
and  the  State  would  lurther  show  that.  Mi 
Wharton’s  note  was  alone  missing  from  the  li 
of  General  Ketchum’s  assets  as  made  up  by  hid 
The  counsel  for  the  State  had  laid  no  ambuscad 
and  proposed  10  conduct  the  case  according 
the  strict  rules  of  evidence.  Mr.  Steele  said  tl 
counsel  for  the  defence  imputed  no  improp 
motive,  but  desired  to  confiue  the  examinatii 
to  such  questions  as  were  strictly  legal. 

Judge  Miller  said  that  the  conn  understood  th) 
the  State  desired  to  show  that  General  Ketcbti 
was  going  to  Baltimore  to  collect  monev.  M 
Steele  said  the  defence  objected, and  Mr.  ThomJ 
proceeded  to  stale  the  legal  grounds  of  thi 
objection.  If  theevidence  was  admissible  at  altl 
was  only  admissible  as  a  part  of  the  resgestai 
Every  declaration  accompanying  every  act  wl  j 
admissible  in  evidence,  and  only  when  decld| 


THE  WHARTON-KETCHTJM  TRIAL. 


9 


tory  of  the  intention  when  the  intention  was  in 
self  a  part  of  the  issue  in  controversy.  He  then 
sferred  to  the  case  ofCourtland  vs.  Patterson, 
Foster,  p.  280,  declaring  that  the  intention  was 
laterial  to  the  issue. 

He  next  quoted  from  Cole  vs.  Whitely,  3d 
[ill  and  Johnson,  Page  197;  Patton  vs.  Ferguson, 
INew  Hampshire,  page  528;  3d  Parker’s  Criminal 
.eports;  Peopie  vs.  Williams,  pages  88  and  107, 
ad  State  vs.  Duler;  Phillip’s  N.C.  Law  Reports, 
age  2il. 

Mr.  Hagner  followed  forthe  defence, and  quoted 
om  1st  Greeenleaf  on  Evidence,  98  sec.;  Pat. 
m  vs.  Ferguson,  18  New  Hampshire.;  528; 
,h  Cnshing;  Lund  vs.  Tineboro’,  page  376; 
;t  Gill,  page  140;  Whiteford  vs.  Burkmeyer,  and 
L  Md.;  Crawford  vs.  Beall,  page  233. 

At  the  conclusion  of  the  argument  the  Court 
ijourned  until  the  usual  hour  to-morrow  morn- 
ig.  Mrs.  Wharton  /tnd  her  party  remained  for 
n  or  fifteen  minutes  and  then  quietly  left, 
itractlng  less  attention  than  on  yesterday.  She 
as  leaning  on  the  arm  of  Colonel  Brantz  Mayer, 
id  walked  with  a  firm  step.  During  Mr.  Revell’s 
aening  statement  to  the  jury,  she  sat  with  her 
lildown,  but  kept  her  eye  steadily  fixed  upon 
m  most  of  the  time. 

She  had  been  visited  lnjail  by  a  number  of  her 
iends,  who  are  residents  of  Annapolis.  Her 
>om  is  comfortably  furnished,  and  she  enjoys  the 
.me  privileges  that  were  afforded  her  in  Balti- 
ore, 


TTMlSElh  A.Y. 

Annapolis,  Md.,  December  6,  1871. 

The  trial  of  Mrs.  Wharton  progresses  slowly, 
id  the  interest  manifested  lacks  to  day  the  ex- 
,ed  and  sensational  character  which  marked  it 
i  yesterday  and  the  previous  day.  It  is  evident 
e  trial  will  be  along  one,  and  the  general  dis- 
sition  is  to  be  patient. 

Mrs.  Wharton  entered  the  courtroom  a  few 
nutes  before  10  o’clock,  leaning  on  the  arm  of 
eriff  Chairs,  and  was  followed  by  her  daugh- 
',  who  leaned  upon  the  arm  of  Mr.  J.  Craw- 
'd  Neilson.  Mrs.  and  Miss  Neilson  accompa- 
3d  her,  also,  Mrs.  Nugent,  the  wife  of  her 
other,  Dr.  Nugent,  of  Pennsylvania,  and  the 

irty  took  the  seats  they  occupied  at  the  com- 
mcement  of  the  trial. 

Jpon  the  opening  of  the  court  Mr.  Steele  called 
3  attention  of  the  bench  to  2d  Harris  &Mc- 
inrv,  page  120,  Clate  vs.  Chas.  Ridgely;  2d 
aes,  N.  C.  Law  Reports,  page  364;  34  English 
mmon  Law,  page  313;  4  Bingham,  pages  489 
d  498;  33d  Common  Law  Reports;  34  Common 
w  Reports,  page  32,  and  other  authorities, 

)n  motion  of  Mr.  Hagner,  Herman  Stump, 
q.,  of  Harford  county,  was  next  admitted  as 
attorney  of  the  court,  and  took  his  seat  with 
i  counsel  for  the  defence. 

Jr.  Revel!  followed  for  the  State,  and  said  the 
estion  before  the  court  was  one  of  great  and 
a!  importance  to  the  State.  It  was  important 
all  its  bearings,  because  it  was  the  entering 

I  .  . 


wedge  into  the  case.  The  resgest®  must  depend 
upon  all  the  circumstances  surrounding  each 
particular  case.  While  the  counsel  forthe  State 
admitted  the  general  principle  of  law  that  hear¬ 
say  testimony  is  not  admissible,  yet  they  con¬ 
tended  that  this  case  presented  an  exception 
which  came  within  the  modifications  of  that 
principle. 

The  testimony  offered  could  not  be  brought  in 
any  other  way,  and  was,  he  considered,  in  every 
way  material  and  relevant.  Mr.  Revell  then 
proceeded  to  quote  from  Armstrong  vs.  Hewitt, 

4  Price,  218;  Roscoe’s  Crim,  Evidence,  p.  22;  3 
Phillips  on  Evidence,  p.  207;  Kolb  vs.  Whitely,  3 

G.  and  J..  197;  Starkie  on  Evidence  (side  page), 
89;  Kent  vs.  Lowen,  1  Campbell,  C,  177;  Hadley 
vs.  Carter,  8  N.  H.,  110;  Lepson’s  vs.  Little,  9  N. 

H. ,  271;  19  Com.,  205;  20  Vermont,  627;  14  N.  H., 
201.  No  general  rule  can  be  laid  down  as  to  what 
is  the  regestm,  every  case  depending  on  its  own 
features.  Allen  vs.  Duncan.  11  Pick,  301;  Pool 
vs.  Bridges,  4  Pick,  378;  3  Phil,  on  Evidence,  589, 
Md.,  &c.,  452,  ana  cases  there  cited. 

The  Attorney  General  followed  the  State’s  At¬ 
torney.  He  contended  that  it  was  competent  to 
give  to  the  jury  every  fact  throwing  light  upon 
the  whole  transaction.  The  case  was  one  of  cir¬ 
cumstantial  evidence,  and  every  fact  was  im¬ 
portant,  and  no  siDgle  fact  more  important  than 
another.  Everything  depended  upon  the  credit 
to  be  given  to  the  statement  sought  to  be  intro¬ 
duced.  He  knew  that  they  were  dealing  with 
human  life,  but  it  must  be  remembered  that  all 
the  bonds  of  society  had  been  broken  and  vio¬ 
lated,  and  every  transaction  was  material  and 
relevant  because  it  was  a  case  of  circumstantial 
evidence. 

Mr.  Syester  quoted  in  his  argument  from  29 
Vermont,  19  Conn.,  Starkie  onEv.,  p.  88;  9th 
New  Hamp.,  271,  and  reviewed  authorities  pro¬ 
duced  yesterday,  as  follows:  18th  N.  H.,  9  Cush¬ 
ing,  3d  Parker’s  Cri.  Trials. 

Mr.  Steele  replied  for  the  defence.  He  did  not 
propose  to  say  anything  of  the  bearing  and  im¬ 
portance  of  the  question,  except  as  a  legal  one. 
The  tendency  in  this  country  and  in  England 
was  to  circumscribe  the  limits  allowed  to  hearsay 
evidence;  it  was  vitally  essential  to  the  protec¬ 
tion  of  life,  liberty  and  property. 

He  then  quoted  from  3d  Tenn.  Reports,  Queen’s 
Bench;  Whiteford  vs.  Binkemeyer,  Maryland  Re¬ 
ports.  It  was  better  that  ninety-nine  guilty 
should  escape  rather  than  one  rule  of  evideuce 
should  be  strained  to  convict  a  prisoner.  It  was 
better  that  Mrs.  Wharton,  if  guiity  (which,  in 
God’s  name,  he  hoped  to  be  able  to  show  she 
was  not),  should  leave  the  court  a  living  monu¬ 
ment  of  the  unswerving  determination  of  the 
bench  to  maintain  unimpaired  the  strict  rules  of 
evidence,  made  and  established  for  the  protec¬ 
tion  of  human  life,  than  that  one  established  rule 
should  be  violated,  even  remotely.  If  the  rules 
of  evidence  were  to  be  considered  as  Mr.  Revell 
had  contended  they  should  be  applied  in  this 
case,  the  State  would  be  left  free  to  convict  ev¬ 
ery  prisoner.  He  next  quoted  from  Jones’  N.  C. 
Reports,  and  further  argued  in  an  earnest  and 
able  manner  the  legal  question  involved. 

During  the  discussion  Mrs.  Wharton  sat  with 
her  veil  down,  and  appeared  calm  and  composed, 
but  listened  attentively.  At  the  conclusion  of 
Mr.  Steele’s  argument  she  leaned  over  to  Mrs. 
Neilson,  who  sat  immediately  to  her  right,  and 
they  held  an  earnest  conversation. 


10 


THE  WHARTON-KETCHUM  TRIAL 


Judge  Miller  announced  the  decision  of  the 
court  substantially  as  follows: 

The  discussion  has  been  exceedingly  able,  and 
the  court  sees  the  importance  of  the  question 
raised.  But  one  witness  has  been  brought,  and 
her  testimony  has  not  been  concluded.  The  State 
is  bound  to  establish  the  fact  of  the  murder  oi 
General  Ketchum  at  Mrs.  Wharton’s  house,  and 
the  Stale  officers  allege  that  they  must  make  out 
their  case  by  circumstantial  proof.  If  it  should 
be  proved  that  there  was  an  antecedent  debt  be¬ 
tween  the  accused  aud  General  Ketcbum,  and 
that  the  note  he  held  had  not  been  found,  it 
would  be  admissible  for  the  State  to  establish  it 
by  competent  proof. 

The  question  before  the  court  was  collateral, 
and  the  court  was  of  the  opinion  that  the  un¬ 
sworn  statement  of  General  Ketchum  was  not 
admissible.  When  the  documentary  proof  was 
offered  anew  phase  of  the  case  would  come  up, 
and  the  court  would  decide  upon  it. 

Mrs.  Chubb  now  resumed  the  witness  stand, 
and  Mr.  Syester  said  the  witness  was  in  the  hands 
of  the  delence.  Mr.  Steele  proceeded  to  cross- 
examine  her,  as  follows:  The  day  was  a  warm 
sunmer  day  when  General  K.  and  I  came  from 
Washington;!  did  notdine  before  leaving  Wash- 
ington;Ido  uol  know  that  General  Ketckum  had 
dined;  he  told  me  he  had  not;  wc  arrived  between 
G  and  7  o'clock;  General  Ketchum  went  into  Mrs. 
Wharton’s  for  a  few  minutes;  then  went  out  and 
returned  in  about  three-quarters  of  an  hour;  we 
took  supper  that  night;  General  Ketchum  was  at 
the  table  and  ate  very  heartily;  I  cannot  give  the 
hour;about9  o’clock  I  should  judge,  but  I  can¬ 
not  tell  the  exact  time;  General  Ketchum  ate 
nothing  but  some  bread  and  butter  and  some 
raspberries;  I  cannot  say  how  much  coffee  or 
tea  he  drank;  I  did  not  onserve;  I  cannot  say 
whether  or  not  biscuitsj  were  on  the  table;  there 
was  some  bread;  he  did  not  eat  very  heartily  of 
the  raspberries;'  I  remember  helping  him  once, 
but  do  not  know  how  often  he  was  helped. 

Mr.  Steele— “Do  you  remember  any  reason 
assigned  by  General  Ketchum  for  his  eating  so 
heartily  ?” 

Mr.  Syester  objected,  and  after  some  discus¬ 
sion  Judge  Miller  said  the  question  might  be 
asked. 

Mrs.  Chubb  continued— He  said  he  was  hungry, 
as  he  hadn’t  eaten  any  dinner. 

Mr.  Syester— “A  good  reason.” 

The  witness  continued — General  Ketchum  men¬ 
tioned  on  the  cars  that  he  had  drank  a  great  deal 
of  ice  water,  but  said  nothing  about  it  at  Mrs. 
Wharton's. 

The  State  objected,  and  the  court  ruled  the 
answer  inadmissible. 

Mrs.  Chubb  continued— I  met  Gen.  Ketchum 
at  the  cars  in  Washington,  and  he  did  not  seem 
much  fatigued;  General  Ketchum  had  nothing 
for  supper  that  night  except  what  we  were  par¬ 
taking  of  together,  as  far  as  I  know;  I  was  not 
made  ill  by  anything  I  ate;  after  supper  General 
Ketchum  stayed  in  the  dining  room  a  little  while, 
and  then  went  up  to  the  third-story  front  room: 
I  don’t  remember  whether  Mrs.  Wharton  was 
standing  in  the  room  or  in  the  passage  when  we 
went  up,  she  was  standing  somewhere  near;  I 
was  with  the  General  most  of  ttie  time  until  he 
retired;  I  heard  him  lock  his  door;  Gen.  Ketchum 
went  out  on  Sunday  morning  alier  breakfast  for 
a  few  moments  to  see  an  old  army  friend;  when 
he  returned  he  did  not  say  where  he  had  been;  I 


did  not  return  to  Mrs.  Wharton’s  until  after  te: 
in  the  evening;  General  K.  then  told  me  he  fel 
better;  I  don’t  know  what  he  took  at  tea  tha 
evening;  there  were  two  glasses  of  lemonad. 
made;  they  were  presented  so  that  I  would  nat 
urally  take  the  one  nearest  to  me;  they  wen 
handed  to  both  of  us  at  once;  I  took  one  first 
and  the  one  nearest  to  me;  I  was  not  asked  ti 
take  that  one  particularly,  and  I  could  have  takei 
the  other. 

Cross-examined  by  Mr.  Hagner— I  brought 
from  the  apothecary’s  one  vial  and  one  package 
I  did  not  see  the  druggist  prepare  the  medicine 
I  suppose  creosote  was  in  the  vial,  but  I  did  no 
smell  it;  I  cannot  say  how  long  General  Ketchun 
was  smoking;  he  was  smoking  part  of  the  time 
and  part  of  the  time  he  was  talking;  he  was  sit 
ting  in  an  arm  chair;  I  think  it  was  between  half 
past  10  and  II  o’clock  that  I  parted  with  him,  bu 
I  cannot  be  accurate;  in  the  night  I  heard  himg, 
down  stairs  only  once;  I  heard  him  return  ti 
his  room;  he  was  not  down  stairs  very  long; 
cannot  give  any  idea  of  the  time  at  which  In 
went  down  stairs;  I  was  waked  by  the  noise  o 
his  going  down.  '  The  witness  was  now  asked  t 
describe  Mrs.  Wharton’s  house,  and  she  said  i 
was  a  back  building  house,  with  the  front  doo 
on  the  side  opening  into  a  passage,  on  either  sidJ 
of  which  is  a  room;  I  can  give  no  idea,  said  shq 
of  the  width  of  the  passage,  but  it  was  a  smal 
passage,  wide  enough,  however,  for  a  table;  on< 
room  on  the  first  floor  is  the  parlor  and  the  othei 
a  dining  room;  a  small  door  opens  from  the  dinl 
ing  room  into  a  passage  leading  into  tne  kitchen 
I  occupied  the  back  room,  second  story;  some  la 
dies  were  occupying  Mrs.  Wharton’s  room  at  th| 
time;  I  was  not  present  when  Mrs.  WhartoJ 
askeil  General  K.  to  send  for  a  physician;  he  sai< 
two  ladies  were  “one  too  many  for  him,”  and  h 
would  consent  to  have  a  physician. 

Mr.  Steele — “Have  you  any  knowledge  q 
General  ICetchum’s  coming  down  on  Monda 
morning,  with  the  intention  of  going  to  Washl 
ingt.on  that  day?” 

Mr.  Syesr,  r  warned  the  witness  not  to  answer 
and  asked  Mr.  Steele  to  state  his  object  in  ask 
ing  the  question. 

After  some  consultation  among  the  counsel  fc 
the  defence  the  question  was  not  insisted  upot 
and  the  witness  was  allowed  to  leave  the  stant 

Mrs.  Meta  Hutton  was  next  called, and  testifie 
—I  live  in  Baltimore,  and  am  the  wife  of  N.  H 
Hutton;  I  have  lived  in  Baltimore  nineteen  year.1! 
I  was  not  at  all  acquainted  with  General  Ketchua 
until  I  met  him  at  Mrs.  Wharton’s  on  Saturday 
the  24th  of  June,  1871.  about  7  P.  M.  ;I  hay] 
known  the  accused  about  seven  years;  I  opeuej 
the  front  door  for  General  Ketchum,  and  MrJ 
Wharton  met  him  and  asked  him  to  walk  ul 
stairs;  he  was  not  accompanied  by  any  one  a 
that  time;  I  had  seen  Mrs.  Chubb  before  tha 
time;  I  met  Mrs.  Chubb  going  into  the  gate 
Mrs.  Wharton’s  yard  as  I  went  there  about  6  ft 
M  ;  Mrs.  Chubb  had  been  for  medicine  lor  m 
brother,  Mr.  Eugene  Van  Ness,  when  I  met  hej 
my  brother  was  at.  that  time  ill  in  the  house;  Ge* 
Ketchum  appeared  very  well;  I  was  in  his  cod 
pany  only  a  minute  as  he  passed  in;  1  saw  him  J 
the  tea  table  when  I  went  in,  General  Ketchul 
asked  me  to  sit  down  and  take  some  tea,  andl 
declined;  he  said  then  I  was  a  poor,  nervoti 
creature;  Mrs.  Wharton  gave  me  the  cup  of  tefl 
ana  I  left  the  room;  I  was  Id  the  room  possibl 
three  or  four  minutes;  Mrs.  Wharton  was  prt 


THE  WHARTON-KETCHUM  TRIAL. 


11 


siding}  and  Mrs.  Chubb  and  Gen.  Ketcbnm  were 
the  only  persons  there;  I  think  General  Ketehum 
said,  ‘‘If  you  were  as  hungry  as  I  am  you  would 
take  some  tea;’  I  saw  General  Ketehum  again 
that  evening  in  his  room  in  the  third  story;  Mrs. 
Wharton  and  Mrs.  Ghubb  were  present,  aDd  I 
called  Mrs.  Wharton  from  the  room;  I  next  saw 
him  on  Monday  evening;he  was  then  sick  in  bed; 
it  was  between  7  and  8  P.  M.,but  I  am  not  posi¬ 
tive  ;Mrs.  Wharton  was  not  present— only  Mr 
Hutton;  I  went  to  call  Mr.  Hutton. 

Mr.  Revoll — What  did  General  Keteuum  say 
n  reference  to  the  cause  of  his  sickness  ? 

Mr.  Steele — We  object;  Mrs.  Wharton  was  not 
present. 

The  court  said  the  question  could  be  asked. 
Mrs.  Hutton— He  said  he  had  been  quite  sick, 
tut  felt  better,  and  that  Mrs.  Wharton  had  poi¬ 
soned  him  with  a  glass  of  lemonade. 

Mr.  Steele,  indignantly— That  is  wrong;  it  was 
i,  jocular  remark  of  the  old  gentleman. 

The  court  ruled  the  answer  out. 

Mrs.  Hutton,  continuing— He  did  not  say  anv- 
hing  as  to  his  symptoms;  had  no  further  conver¬ 
sion  with  him  about  his  symptoms;  next  saw 
urn  on  the  following  Wednesday  mornin^- 
eached  Mrs.  Wharton’s  between  9  and  10  o’clock 
rent  through  the  dining  room  and  gave  a  kettle 
it  milk  into  the  hands  of  a  servant. 

Mr.  Steele,  nervously— I  must  beg  you  to  con¬ 
duct  tne  case — 

Mr.  Reveil,  interrupting— We  will  try  to  con- 
uct  the  case  properly. 

Some  earnest  conversation  now  followed  be- 
ween  counsel,  and  Mr.  Revell  said  he  waived 
he  question  he  had  asked  for  the  present. 

Mrs.  Hutton  continued— I  followed  Dr.  Williams 
nd  Mrs.  Wharton  up  stairs  about  10  or  half- 
ast  10  (Wednesday)  morning;  did  not  go  imme- 
iatel.y  into  the  room;  waited  at  the  door,  and 
fter  I  heard  them  lay  the  General  down  I  went 
i;  he  was  lying  on  the  bed  with  his  eyes  wide 
pen,  and  his  arms  stretched  out;  sat  by  the  side 
t  the  bed,  and  began  rubbing  his  hand;  re¬ 
tained  there  until  Dr.  Williams  gave  me  a  pre- 
iription  for  the  General;  left  the  room,  and 
died  Mr.  Sargent  from  my  brother’s  room,  on 
le  first  floor,  a.nd  asked  him  to  procure  it  fo»- 
ie,  offering  him  my  purse;  Mrs.  Wharton 
epped  forward  and  said  she  wanted  it  charged 
>  her  account  at  Gosman’s;  then  returned  to 
eneral  Ketchum’s  room  and  watched  from  the 
indow  for  Mr.  Sargent’s  return;  when  I  saw 
m  enter  the  gate  I  went  down  10  receive  the 


*!“ a  male  nurse;  Mrs.  Wharton  came  into 
tne  room  and  offered  to  remain  with  me  until  the 
nurse  came;  she  asked  me  what  the  doctor  was 
giving  him,  and  I  told  her  I  did  not  know  what 
it  was,  but  that  I  had  to  give  him  at  1  o'clock 
forty  drops  in  two  teaspoonsful  of  water;  the 
General  made  some  effort  to  rise,  and  Mrs 
Wharton  left  the  room  to  call  Mr.  Snowden,  who 
was  m  my  brother’s  room,  down  stairs;  the  Gen¬ 
eral  made  several  efforts  to  rise,  and  I  pushed 
0n  the  bpd>  Dr-  Williams  now  re-en¬ 
tered  the  room,  with  Mrs.  Wharton:  the  doctor 

erlnih6  re“°ye  the  bags  of  ice  from  the  Gen¬ 
eral  o  head,  and  I  moved  them;  after  that  the 

I  ^eneral  became  perfectly  quiet;  Mr.  Snowden 

ZThCTV5t0  the  roomi  Dr.  Williams  stated 
that  he  had  been  unable  to  procure  the  nurse 
and  would  nave  to  leave  me,  and  told  me  again 
to  give  the  medicine  at  1  o’clock;  Mr.  Snowden 
remained  with  me  in  the  room;  someone  called 
me  from  the  room  to  see  my  sister;  Mrs.  Whar¬ 
ton  was  not  at  that  time  in  the  room;  Mrs 
Wharton  came  into  the  door  and  said  she  would 

rMr'  SaosS?en  and  Gen.  Ketehum; 
she  told  me  to  go  with  my  sister  into  a  small 
room  opposite  and  hear  what  she  had  to  say • 
Loney;  it  was  between  12  ana 
hall-past  12  that  I  went  into  the  room  to  con 
s>ster;  Mrs.  Wharton  came  out 
into  the  passage  and  spoke  to  my  sister  about  a 

n  l,?0ram  B.noe>  and  asked  Mrs.  Loney 

II  she  would  take  it  down  town  with  her;  she 
said  she  would  go  and  get  it.  and  went  for  it: 
^!fJVa,ShbeI°re  1  reuturDed  to  General  Ketehum  s 
F°°3  1  t@  desPatch  10  General  Brice  was  oWen 
to  Mrs.  Loney;  returned  to  General  Ketchum’s 

Mrs.  Wharton  re- 


eriicine;  Mr.  Sargent  went  directly  inlo  my 
'other's  room  and  gave  the  medicine  to  my  sis- 
r-in-law,  Mrs.  Van  Ness;  got  the  medicine  and 
tve  it  to  Dr.  Williams;  he  asked  me  to  procure 
m  a  dessert  spoon  and  a  tumbler  of  water,  and 
went  to  the  dining  room  for  them  and  msft  a 
iored  woman,  Ellen,  who  gave  me  a  tablesnoon 
d  teaspoon;  took  them  up  and  gave  them  to 
'■  Williams,  and  saw  him  drop  in  the  tablespoon 
e  medicine,  and  take  the  teaspoon  and  put 
o  teaspoonsful  of  water  in  the  tablespoon; 
tea  it  I  should  assist  in  giving  the  medicine." 
u  Dr  Williams  said  no;  took  my  seat  by  the 
■neral’s  side;  Dr.  Williams  said  he  would  give 
i  directions,  as  he  wanted  to  leave  and  get  a 
rse;  Mr.  Hutton,  General  Ketehum  and  myself 
(re  the  only  persons  present;  the  direction  was 
'ty  drops  in  about  two  teaspoonsful  of  water,  to 
administered  at  1  o’clock;  Dr.  Williams  thought 
ught  to  have  some  assistance,  and  I  directed 


,  - - -  iuuuu  me  medicine  had 

f.e„e ?hdr°P,ped  ln  a  tea  CUP>  and  I  told  Mrs.  Whar- 
S, ’•here  was  too  much  in  the  tea  cup,  and 
that  U  was  not  the  right  dose;  between  two  and 
.ta°lesP°°usTful  were  in  the  cap,  as  near  as 
Mr.  whSt:  atld  1  to,oksorae  upon  a  tablespoon; 

^IrBS-Jnhaririemarked  that  u  smelt  so  strong 
she  had  added  more  water;  told  her  I  did  nor 

C0Uld  svvaUow  that  amount,  and 
that  we  had  better  drop  another  dose  in  the 
spoon  as  the  doctor  had  directed;  Mrs.  Wharton 
uP°n  ttlat;  dose  being  given,  but  I  don’t 
know  the  exact  words  she  used;  said ‘‘it  is  not 
yet  time,  at  ail  events;”  when  she  first  told  me 
she  had  dropped  the  medicine  I  looked  at  my 
watch  andit  was  notquite  half-past  12;  then  took 
my  position  by  the  side  of  General  Ketehum,  with 
Mr.  Snowden  opposite,  and  I  had  remained  there 
but  a  little  time  when  Mrs.  Wharton  asked  me 
the  time,  and  I  said  -‘twenty  minutes  of  1,”  and 
then  again  she  asked  and  1  said  “eighteen  min- 
she  'hen  asked  the  third  time,  and  I 
said  “fifteen  minutes  ot  1;”  then  removed  mv 
watch  from  my  belt  and  passed  it  by 
Mr  Snowden  to  Mrs.  Wharton,  telling  her 
that  as  she  was  so  anxious  she  had 

better  keep  my  watch;  she  remarked,  “may 
be  your  watch  Is  not  right;”  told  her  I  had  com¬ 
pared  my  watch  with  Dr.  Williams’  at  a  few  min¬ 
utes  before  12  o’clock  and  it  was  right;  she  kent 
my  watch  until  about  five  minutes  of  l’;  she  re 
turned  the  watch  then  by  Mr.  Snowden,  remark! 
ing  “it  is  five  minutes  of  1,  let  us  give  him  the 
dose;  the  first  dose  gave  him  so  much  relief  I  am 
anxious  he  shall  have  another;”  she  went  to  the 


12 


THE  WHARTON-KETCHUM  TRIAL. 


bureau  and  brought  the  cup  to  the  side  of  the 
bed;  before  she  went  to  the  bureau  I  toid  her 
again  I  thought  she  had  better  let  me  drop  an¬ 
other  dose  and  she  said,  “Oh  no,  let  us  give  him 
this;’’  she  asked  Mr.  Snowden  if  he  could  give 
the  dose;  he  said,  “yes,  Madame,  my  hand  is 
steady,  I  will  give  it  to  him;”  I  asked  Mr.  Snow¬ 
den  to  lilt  the  General  a  little  from  the  bed,  and 
Mrs.  Wharton  handed  him  a  tablespoonful  of  the 
mixture  from  the  cup;  we  had  some  difficulty  in 
getting  the  General  to  open  his  mouth; 
Mrs.  Wharton  told  Mrs.  Snowden,  after  his 
mouth  was  opened  and  the  spoon  inserted,  not  to 
remove  the  spoon  and  she  would  pour  the  bal¬ 
ance  into  it;  she  then  poured  it  in;  Mrs.  Wharton 
remained  standing  by  the  side  ol  the  bed,  with 
the  cup  and  spoon  in  her  hand;  after  a  little 
while  (ten  or  filteen  minutes  I  should  judge)  the 
General  began  to  be  very  uneasy;  first  he  began 
slapping  my  shoulder;  I  was  sitting  on  the  side 
of  the  bed, 'bv  him;  then  he  grasped,  with  both 
hands,  the  back  of  his  neck,  then  the  front  of  his 
throat,  his  stomach  and  his  chest;  (Mrs.  Hutton 
here  showed  how  he  placed  his  bands  to  his 
throat);  he  cried  out,  “oh!  oh!  oh!  don’t!  don’t! 
dont!”  he  made  his  throat  bleed;  I  got  off  the 
bed  and  went  to  his  feet  and  endeavored  to  take 
hold  of  them;  Mrs.  Wharton  was  still  standing 
at  the  bedside;  endeavored  to  fake  hold  of  his 
feet,  and  he  kept  crying  “don’t!  don’i!  don’t!” 
asked  Mrs.  Wharton  if  she  did  not  think  he  was 
going  into  convulsions,  and  I  thiDk  she  said  “I 
think  he  is;”  I  said  “I  am  going  for  a  doctor;” 
Mrs.  Wharton  asked  me  to  let  a  coiored  man, 
who  was  in  the  room,  go  for  the  doctor,  but  I 
questioned  him  and  found  that  he  did  not  know 
where  Dr.  Williams  lived,  so  I  went  myself;  Mrs. 
Wharton  left  the  room  just  as  I  left;  she  still  had 
the  cup  and  spoon  in  her  hand;  she  had  held 
them  all  the  time  in  her  hand;  don’t  know  where 
she  went;  ran  down  stairs  out  into  the  street  and 
into  Dr.  Williams’  bouse;  it  was  then  before  half- 
past  1,  probably  twenty  minutes  past  1;  went  into 
the  doctor’s  office,  wrote  a  message  on  his  slate 
and  ran  back  into  the  street;  Dr.  Williams’  office 
is  alittle  more  than  a  square  from  Mrs.  Wharton’s 
house;  a  doctor’s  buggy  was  standing  near; 
thought  it  might  be  Dr.  Williams’;  questioned 
the  driver  and  found  it  was  not.,  then  saw  Dr. 
Williams  coming  up  the  street,  and  asked  him  to 
goto  Mrs.  Wharton’s  to  see  General  Ketchum,  as 
bewas  in  convulsions;  the  doctor  did  not  come 
with  me,  but  went  to  his  own  house  fora  mo¬ 
ment;  returned  to  Mrs.  Wharton’s  and  went  at 
once  to  General  Ketchum’s  room;  found  Mrs.  Hut¬ 
ton  was  there  with  Mr.  Snowden  and  the  colored 
man;  Mrs.  Wharton  had  told  nte  the  colored  man 
was  a  triend  of  Susan’s,  the  servant,  and  she  had 
sent  for  him  to  nurse  General  Ketchum;  Dr.  Wil¬ 
liams  arrived  almost  immediately  after  my  re¬ 
turn,  and  on  his  motion  I  left  the  room;  re¬ 
mained  in  the  passage  for  some  little  time,  and 
then  went  back  into  "the  room;  General  Ketchum 
was  then  under  the  influence  of  chloroform, 
chloral  or  something  of  the  sort;  remained  with 
him  until  afew  minutes  before  he  died;  left  the 
room  about  a  quarter  of  3;  think  he  died  about  3; 
at  about  a  quarter  of  3  I  went  down  to  call  Dr. 
Williams;  he  was  in  the  second  story  back  room; 
returned  to  the  room,  possibly  ter.  minutes  after 
3,  and  General  Ketchum  was’  dead;  Mr.  Hutton 
and  Mr.  Crawford  Neilson  were  in  the  room  at 
that  time;  I  have  no  recollection  how  General 
Ketchum  described  his  sufferings;  remember, 


however,  that  he  said  he  was  suffering;  never 
heard  him  speak  after  I  left  him  to  go  for  Dr. 
Williams;  was  present  on  Monday  evening  when 
Mrs.  Chubb  was  requested  to  go  for  medicine; 
Mrs.  Wharton  entered  the  room  and  said  she  had 
broken  a  bottle  of  General  Ketchum’s  medicine; 
there  was  a  noise  in  General  Ketchum’s  room, 
and  Mrs.  Wharton  came  down  stairs  and  said  she 
had  broken  a  bottle  of  Genera!  Ketchum’s  medi¬ 
cine;  the  noise  was  that  of  a  fall;  it  was  not  the 
noise  of  a  fall  of  a  bottle  of  medicine;  it  sounded 
more  as  if  some  one  had  jumped  on  the  floor; 
Mrs  Wharton  was  a  good  deal  excited  when  she 
entered  the  room;  I  suggested  that,  she  should 
procure  the  label  from  "the  bottle  and  send  it  to 
the  druggist;  she  said  the  label  had  been  de¬ 
stroyed;  told  her  if  she  would  go  to  the  apothe¬ 
cary’s  and  state  that  the  medicine  had  been 
bought  for  General  Ketchum  by  direction  of  Dr. 
Williams  she  could  have  it  replaced;  Mrs.  Chubb 
offered  to  go  and  Mrs.  Wharton  directed  her  to 
Gosman’s,  tejling  her,  also,  to  bring  her  some 
tartar  emetic;  she  said  she  had  a  pain  in  her 
chest  and  wanted  some  to  make  a  plaster;  Mrs. 
Chubb  went  out  for  the  tartar  emetic;  at  the  tea 
table  Mrs.  Wharton  asked  if  Mrs  Chubb  had  re¬ 
turned,  aud  said  she  was  worried  about  her,  as  it 
was  getting  late;  I  told  her  if  she  wished  me  to 
do  so  I  would  request  Mr.  Hutton  to  go  for  Mrs. 
Chubb,  and  she  said  she  wished  I  would;  as  I 
went  to  the  door  to  ask  Mr.  Hutton  to  g\  Mrs. 
Chubb  came  up  the  steps;  saw  her  with  parcels 
in  her  hands  as  she  passed  me  on  the  steps;  I 
don’t  know  what  she  did  with  them;  when  Gen. 
Ketchum’s  son  came  for  his  clothes  I  told  Mrs. 
Wharton  they  were  packed;  that  was  late  in  the 
evening  of  the  day  General  Ketchum  died;  asked 
her  if  she  knew  where  General  Ketchum’s  vest 
was,  and  she  said  it  was  in  her  closet  or  ward¬ 
robe. 

At  this  moment  the  hour  of  adjournment  hav¬ 
ing  arrived,  the  witness  was  requested  to  sus¬ 
pend,  and  the  court  adjourned  until  to-morrow 
at  10  A.  M. 

The  following  additional  medical  witnesses  for 
the  defence  have  been  summoned  from  Balti¬ 
more.  namely:  Drs.  Ed.  Derossett, John  Morris. 
Wm.  H.  Baltzell,  Peter  Gorich,  H.  R.  Trist  and 
Harvey  Bird. 


OPENING  STATEMENTS  OF  COUNSEL. 

The  following  is  the  opening  statement  of  Jas.  Bevel! 
Esq.,  the  State’s  Attorney,  delivered  yesterday,  and  re 
ported  in  full  by  Mr.  Clephane,  the  stenographer  em 
ployed  in  tke  ease,  in  connection  with  Mr.  Young. 

REMARKS  OF  MR.  RE  CELL. 

Mr.  Bevell  arose  and  said : 

With  the  permission  of  vonr  Honors  and  yon,  gentle: 
men  of  the  jury— The  oath  that  you  have  taken  that  yo| 
shall  well  and  truly  trv,  and  true  deliverance  make  btl 
tween  the  State  of  Maryland  and  the  prisoner  at  the 
bar,  whom  yon  shall  have  in  charge,  and  a  true  verdia 
render  in  accordance  with  that  evidence,  so  help  yo[ 
God,”  1  as  been  so  solemnly  administered  to  you  by  th 
clerk  that  I  feel  that  no  language  of  mine  can  more 
forcibly  impress  you  with  that  great  and  solemn  re 
sponsibilitv  before  God  and  man  under  the  oath  which 
you  have  just  taken.  And  l  will  hardly  feel  it  incmnl 
bent  upon  me,  from  my  knowledge  of  the  jury  whiolj 
has  been  empannelled  in  this  case,  from  my  kuowledgi. 
of  the  high  character  for  integrity  of  each  of  the  get 
tlemen  who  constitute  that  panel,  known  as  they  arc  hi 
me  personally,  to  add  one  word  of  admonition  or  sa 


THE  WHARTON-KETCHUM  TRIAL. 


13 


one  word  to  you  witli  reference  to  this  great,  solemn 
and  awful  responsibility  which  devolves  upon  you  in 
this  most  important  trial. 

But,  your  Honors  and  gentlemen  of  the  j  ury,  while 
it  is  y  our  duty,  on  the  one  hand,  to  interpose  a  harrier 
of  protection  against  wrong  and  injustice,  yet  it  is 
equally  your  solemn  and  sacred  duty  to  protect  the  in¬ 
jured  honor  of  the  State,  and  by  voui  verdict  to  uphold 
and  maintain  the  best  government  and  the  dignity  of 
the  laws  of  the  State. 

This  solemn  and  momentous  duty  is  yours— a  duty  as 
solemn  as  the  grave,  as  momentous  as  life.  Gentlemen 
of  the  jury,  the  indictment  you  have  heard  read  in  this 
case  was  found  by  the  Grand  Jury  of  Baltimore  city,  as 
you  are  aware,  and  the  case  was  removed  to  this  juris¬ 
diction  under  the  high  prerogative  and  constitutional 
right  of  the  accused,  upon  suggestion  and  affidavit  to 
the  Court  that  she  could  not  in  that  jurisdiction  have  a 
fair  and  impartial  trial.  The  case  then  comes  before 
you,  gentlemen  of  the  jury,  as  if  it  had  occurred  within 
the  jurisdiction  of  this  Court.  I  may,  gentlemen,  upon 
the  threshold,  state  to  you  that  this  indictment, 
which  has  already  taken  so  much  of  your  attention  and 
time,  contains  foul  counts,  which  I  will  simplify  by  in- 
’orming  you  of  their  substance.  The  first  count  in  the 
ndictment  charges  death  from  the  administration,  on 
he  28th  of  June,  1871,  of  tartar  efnetie  with  yellow  jas- 
nine;  the  second  count,  death  from  the  administration, 
>n  the  28th  of  June,  1871,  of  a  poison,  unknown  to  the 
urors,  with  yellow  jasmine;  the  third  count,  death 
rom  the  administration,  on  24th  of  June,  1871,  of  tartar 
m'etic  with  lemonade;  on  the  26th  day  of  June,  1871, 
artar  emetic  with  tea,  and  on  the  28th  of  June,  1871, 
artar  emetic  with  yellow  jasmine.  The  fourth  count 
barges  on  the  24th  of  June  the  administration  of  poison 
mknown  with  lemonade;  on  the  26th  of  June,  1871, 
joison  unkown  with  tea,  and  on  the  26th  of  June,  1871, 
loison  unknown,  with  yellow  jasmine.  Such, 
;entlemen,  are  the  charges  in  this  indictment, 
finch  the  State  is  called  upon  to  sustain  in 
yhole  or  in  part,  it  being  competent  for  you  to  find  a 
■erdict  for  the  State  upon  satisfactory  proof  of  the 
legations  contained  in  any  one  of  these  counts.  The 
aw  of  the  case,  gentlemen  of  the  jury,  which  I  propose 
o  put  y  ou  in  possession  of,  is  short  and  simple.  By 
lie  137th  section  of  the  Code  of  Maryland,  chapter  30, 

;  is  enacted  “that  all  murder  which  shall  be  perpetrated 
y  means  of  poison,  or  laying  in  wait,  or  by  any  kind  of 
•illful,  deliberate  and  premeditated  malice,  shall  be 
lurder  in  the  first  degree. 

The  question  of  law,  then,  which  will  arise  in  this 
ise  are  simply  these:  First,  whether  it  was  a  case  of 
lurder;  second,  whether-  if  murder,  it  was  by  poison, 
he  question  of  fact  is.  who  administered  that  poison; 
ho  occasioned  that  death!  Now,  murder  is  defined  to 
e— I  read  from  Wharton  on  Homicide— “where  a  per- 
m  of  sound  memory  and  discretion  unlawfully  kills 
ny  reasonable  creature  in  the  peace  of  the  Comrnon- 
'eelth,  and  with  malice,  prepence  or  with  forethought, 
spressed  or  implied.”  It  is,  in  other  words,  the  unj 
,wful  killing  of  another  with  malice  aforethought,  ex-5 
■'Teased  or  implied.  But,  you  discover,  the  e  is  in 
lis  an  ingredient  that  malice  is  the  gist  of  the  inquiry, 
id  if  there  is  malice  in  the  case  then  it  is  a  case  of 
urder,  and  it  is  for  you  to  inquire  in  your  prosecu- 
ans  for  murder  whether  it  be  a  case  of  murder  in  the 
:st  or  second  degrees,  because  the  statutes  of  ilie 
ate  make  it  murder  in  the  first  degree— if  you  find  it 
as  a  murder.  If  you  find  the  ingredient  of  malice  in 
lis  act,  then,  gentlemen  of  the  jury,  it  is  a  case  of 
urder.  and  being  murder,  if  you  find  that  this  murder 
as  occasioned  by  poisoning,  it  was  murder  in  the 
;st  degree.  That  is  the  question,  g  ntlemen.  What  is 
e  issue  between  the  State  of  Maryland  and  the  ac- 
i  used  in  this  case? 

It  is  a  question  of  murder  in  the  first  degree— it  is  a 
.  lestion  of  liberty  or  death.  Gentlemen  of  the  jury, 

:  e  law,  as  I  have  endeavored  succinctly  to  lay  it  down, 
the  only  law  on  which  the  State  will  rely  in  this  case, 
d  after  having  made  this  brief  exposition  of  it  I  will 
jtroduceto  vour  attention  the  main  facts  and  salient 
■infs  upon  which  the  State  relies  when  it  shall  come 
fore  you  to  ask  at  your  hands  a  verdict  of  guilty.  We 
pect  to  show,  gentlemen  of  the  jury,  that  the  de- 
ased,  General  Ketehnm,  and  Major  Harry  W.  Whar- 
a,  the  husband  of  the  accused,  were  lormerly  con- 
;  eted  with  the  old  Sixth  Regiment,  United  States  In- 
rtry,  and  that  their  relations  were  of  an  intimate 
aracter  and  existed  up  to  the  time  of  Major  Whar¬ 
f’s  death,  which  occurred  some  years  since;  that  after 
■le  death  of  Major  Wharton,  the  husband  of  the  accu- 
i,  the  intimacy  existing  between  the  families  was 


continued  up  to  the  time  of  this  sad  tragic  occurrence, 
and  this  intimacy  led  to  business  relations,  busi- 
iness  transactions  between  the  accused  and  Gen¬ 
eral  Ketchum;  that  two  years  before  the  death 
of  General  Ketchum.  at  the  instance  of  the  accu¬ 
sed,  he  loaned  to  Mrs.  Wharton  a  sum  of  money  amount¬ 
ing  to  some  $2, 600,  liavingparted,  ather  solicitation,  with 
some  bonds  which  he  had  held,  and  this  money  was 
loaned  at  the  rate  of  10  per  cent,  per  annum.  We  expect 
to  show  that  th's  amount  was  secured  by  note  of  Mrs 
Wharton,  for  that  amount;  that  interest  was  paid  from 
time  to  time  uponthatsum,  which  would  have  annually 
amounted  to  $260,  and  that  the  agreement  between  them 
was  that  it  should  be  paid  in  semi-annual  installments 
We  expect  to  show  you  that  several  of  these  semi¬ 
annual  installments  of  interest  were  paid,  and  that  the 
last  payment  which  was  made  was  on  the  25th  of  Janu¬ 
ary,  1871.  We  expect  to  show  yon  also,  gentlemen  of 
the  jury,  by  satisfactory  and  competent  testimony,  that 
this  indebtedness  had  not  been  discharged  up  to  the 
death  of  the  lamented  Ketchum.  We,  on  the  other  hand, 
wi.l  show  and  establish  clearly  to  your  minds  that  an 
entry,  and  not  onlv  the  existence  of  an  entry,  but  that 
a  knowledge  of  such  entry  was  brought  home  to  the 
accused  in  this  case;  that  there  was  an  entry  made  that 
the  next  installment  of  interest  would  be  due— princi¬ 
pal  and  interest  would  be  due--on  the  17th  of  July  1871 
We  expect  to  show  you,  gentlemen  oi  the  jury,  incon- 
testibly,  that  at  that  time  this  sum  of  money  was  due 
Gen.  Ketchum;  we  expect  to  show  you  further,  and  it 
will  come  up  in  evidence,  either  brought  out  by  the 
State  or  as  part  of  the  resgestse,  that  when  Mrs 
Wharton’s  attention  was  called  to  this  matter 
when  the  books  were  i  resented  to  her  wiiich  contained 
the  evidence,  beyond  a  doubt,  that  the  apology  which 
she  made,  denying  the  indebtedi  ess,  was  that  the  mind 
ot  Genera}  Ketchum  was  blurred;  that  it  had  ceased  to 
perform  its  functions;  that  memory  was  at  fault' that 
she  had  notice,  from  time  to  time  of  this  fact,  and  as¬ 
signed  as  a  reason  for  the  discharge  not  having  been 
entered  on  his  book,  that  in  conversation  with  hioi  and 
in  intercourse  she  had  had  with  him,  he  could  not  keep 
the  thread  of  his  discourse.  We  will  show  to  you  that 
notwithstanding  this  declaration,  stated  as  an  excuse’ 
why  this  entry-had  not  been  upon  the  books,  that  the 
mind  of  General  Ketchum  was  as  strong  and  active  as 
it  ever  was  during  the  whole  period  of  his  life.  We  shall 
further  show  to  you,  as  I  think,  by  evidence  that  we 
think  will  he  admissible  and  competent,  that  on  the  16th 
or  17th  of  J  une,  1871 ,  although  Mrs.  Wharton  claimed  that 
tins  note  had  been  paid  partially  on  the  17th  of  July 
1870,  and  the  remainder  on  the  17th  of  January,  1871, 
she  went  to  Washington,  by  agreement  with  General 
Ketchum,  for  the  purpose  of  arranging  about  tiiis  very 
note,  and  assigned  to  him,  as  a  reason  for  her  inability 
that  her  bankers  had  disappointed  her.  We  expect  to’ 
show  you,  gentlemen  of  the  jury,  further,  that  on  the 
occasion  of  General  Ketchum’s  visit  to  Baltmore  city 
to  Mrs.  Wha>  ton’s  on  the  24th  of  June,  1871,  that  he  left 
the  city  of  Washington  in  the  full  enjoyment  of  perfect 
health;  that  he  reached  Baltimore  on  the  afternoon  of 
Saturday,  in  company  with  Mrs.  Chubb,  a  mutual 
friend  of  Mrs  Wharton  and  General  Ketchum;  that  he 
went  to  Baltimore  for  the  pnrpose  of  collecting  this 
amount  for  the  purpose  of  furnishing  a  house  which  tie 
hadiecently  purchased  in  Washington,  and  to  take 
leave  of  Mrs.  Wharton,  who  then  contemplated  taking 
the  European  trip. 

We  expect  to  show  that  he  arrived  in  that  city  in  the 
full  enjoyment  of  health;  that  after  he  reached  the 
house  ot  Mrs.  Wharton  he  went  down  town  and  came 
back,  alter  haying  purchased  some  tobacco,  and  that 
he  took  tea  at  the  house  of  Mrs.  Wharton;  that  Mrs 
Wharton  presided  over  the  tea  table  that  evening  a 
certain  length  of  time,  and  left  the  General  and  Mrs 
Chubb  at  tbe  table;  that  after  a  certain  time  he  retired 
to  his  room;  that  daring  that  night  he  was  taken  very 
sick. 

We  expect  to  show  you  that  this  sickness  continued 
with  changing  symptoms  from  that  time  to  the  time  of 
his  death,  which  occurred  on  Wednesday,  about  3 
o’clock  in  the  afternoon. 

I  shall  not  attempt  to  detail  to  von,  gentlemen  the 
various  symptoms  with  which  General  Ketchum’ was 
affected  on  that  occasion.  The  medical  testimony 
which  will  be  introduced  to  you  on  the  stand  on  the 
part  of  the  State  will  fully  disclose  the  character  of 
the  disease  under  which  he  suffered,  and  the  symptoms 
provoked  by  that  disease,  whatever  it  may  have  been 
whether  from  natural  causes  or  from  other  than  natu¬ 
ral  causes. 

We  expect  to  show  you  that  during  that  time  Mrs 


14 


THE  WHARTON-KETGHUM  TRIAL. 


Wharton  administered  to  him  or  gave  to  him  at  various 
times  tea,  lemonade,  water  and  dually  what  purported 
to  1)6  yellow  jasmine,  wliicli  h&d  t>6en  prescribed  by 
j)r  Williams  We  expect  to  show  to  you  that  after 
the  administration  of  each  of  these  doses,  or  a  short 
time  afterwards,  that  the  General  became  very  siclc, 
and  that  there  was  a  recurrence  of  those  symptoms 
which  existed  all  through  the  course  of  his  sickness— 
svmptoms  which  existed  at  the  period  of  his  death. 
We  exrect  to  show  to  you  that  on  the  occasion  of  the 
fliiini  uistrat  ion  of  this  last  dose  of  medicine,  the 
peculiar  circumstances  under  which  it  was  admin¬ 
istered  that  Mr.  Snowden  and  Mrs.  Hutton  were 
in  the ’room  of  the  deceas’d  performing  a  work  of 
charity  in  nursing  him  and  administering  to  his  wants, 
and  that  Mrs.  Hutton,  for  some  reason,  had  occasion  to 
leave  the  room;  that  Dr.  Williams  had  been  there  in  the 
morning  and  administered  to  him  a  dose  of  yellow  jas¬ 
mine— perhaps  about  11  o’clock— with  directions  that  if 
he  did  not  return  before  1  o’clock  another  dose  vat  to 
be  given  to  him— about  forty  drops  of  yellow  jasmine; 
that  it  was  to  be  given  with  so  many  teaspoonfuls  or 
tablespoonfuls  of  water  This  was  communicated  by 
Mrs  Hutton  to  Mrs.  Wbartou  at  tlie  time,  bit  a  the 
same  time  tlie  strict  injunctions  of  the  doctor  were  that 
it  should  not  be  given  till  l  o’clock.  That  when  Mrs. 
Hutton  temporarily  left  the  room  where  General 
Ketchum  was  lviiig,  Mrs.  Wharton  proceeded  to  pour  a 
liquid  into  this  cup;  that  Mrs.  Hutton  returned  in  about 
an  hour— half-past  12— and  seeing  what  she  was  doing,  , 
remarked,  “I  have  prepared  the  General’s  medicine;”  | 
‘•dropped  out  his  drops;”  but  that  the  time  to  take  it  | 
had  not  come  vot.  SShe  then  exclaimed.  "Why,  that  is 
not  the  raeoicine.”  She  saw  by  the  quantity  and  ap¬ 
pearance  it  was  not  the  medicine  that  had  been  admin¬ 
istered  by  Dr.  Williams  on  that  day.  Sheremonstra’.ed 
with  her  and  said,  “You  are  wrong  about  it;  there  is 
too  much  of  it.”  Mrs.  Wharton  replied  that  it  seemed 
very  strong  and  she  thought  she  would  add  a  little 
more  water  to  it.  She  then  inquired  the  time,  and  ap¬ 
peared  extremely  anxious  to  administer  this  medicine 
at  once,  but  at  Mrs  Hutton’s  remonstrance  she  did  not 
do  so.  She  again  asked  the  time;  it  was  then  20  minutes 
to  1  o’clock.  She  again  asked  the  time;  it  was  then  18 
minutes  to  1.  Once  more  she  asked;  it  was  15  minutes 
to  1.  She  betrayed  a  great  degree  of  anxiety  to  admin¬ 
ister  this  dose,  f  inally  Mrs.  Hutton  took  oft  her  watch 
she  had  attached  to  her  dress,  and  gave  it  to  Mrs. 
Wharton  on  account  of  This  anxiety.  At  last  Mis. 
Hutton  again  offered  to  drop  the  medicine,  but  Mrs. 
Wharton  declined,  saving  ”no,  we  will  give  Inin  this.” 
Again  Mrs.  Hutton  offered,  hut  Mrs.  Wharton  refused 
ta  permit  it  to  be  done,  and  Mrs.  Wharton  being  hostess 
and  Mrs.  Hutton  the  visitor,  she,  of  course,  had  noth¬ 
ing  to  say,  and  Mrs.  Wharton  was  permitted  to  give 
this  medicine. 


We  expect  to  show,  then,  that  it  was  five  minutes  to  l 
o’clock  when  she  administered  this  medicine  and  Mrs. 
Hatton,  thinking  theinterval  of  five  minutes  made  lit¬ 
tle  or  no  difference,  permitted  it  to  he  done.  The  medi¬ 
cine  was  carried  over,  and  Mr.  Snowden  ass  sted  in 
raising  the  General  up  from  the  bed,  that  he  might  he 
able  to  take  it.  A  teaspoon  Oi  tablespoon  was  ius  rted 
in  bis  lips  that  it  might  be  poured  from  the  cup  into  the 
spoon,  which  acted  as  a  funnel  for  the  conveyance  of  the 
liquid.  In  about  fifteen  minutes  more  very  disagreeable 
symptoms  began  to  manifest  themselves.  All  tliai 
time  she  held  within  her  bani\s  this  cup,  never 
parting  with  if  from  her  hands  once.  When  the  symp¬ 
toms  of  convulsions  and  quiverings  and  the  tearing 
and  laceration  of  his  throat  couimoi  ced— tearing  so 
violently  as  to  make  it  bleed — then  it  was  that  Mrs. 
Wharton  left  the  scene  of  that  tragic  act,  and  that  was 
the  last  time,  we  expect  to  show,  that  she  ever  saw 
Geueral  Ketchum  alive.  He  died  about  3  o’clock  that 
day.  We  expect  to  show  that  the  body  was  removed 
after  death  to  the  house  of  Mr.  Weaver,  and  that  there 
a  post  mortem  was  had;  that  the  stomach  was  taken 
out  aud  conveyed  to  Dr.  Aikin,  who  skilfully,  accurately 
and  carefully  analyzed  it;  that  there  was  found  in  the 
stomach  of  General  Ketchum  at  least  twenty  grains  of 
tartar  emetic;  that  there  was  no  indication  about  the 
liver,  heart,  lungs  or  brain,  or  any  organ  of  life,  that 
there  was  anv  natural  disease  there,  nor  was  there 
anything  through  tlie  period  of  his  illness  indicative  of 
the  fact  of  the  presence  of  this  tartar  emetic  in  the 
stomach  of  General  Ketchum;  that  from  the  admistra- 
tion  of  poison  he  died,  and  from  no  other  cause  what¬ 
ever. 


We  expect,  furthermore,  to  show  that  on  the  Monday 
previous  to  this  said  event  Mrs.  Wharton  purchased 
two  quantities  of  tartar  emetic,  one  in  the  morning  of 


that  day,  perhaps  between  the  hours  of  8  and  8  o’clock, 
aud  the  other  by  Mrs.  Chubb,  under  Mrs.  Wharton’s 
direction,  sometime  in  the  afternoon  of  that  day.  We 
expect,  moreover,  to  show  the  many  contradictory 
statements  which  were  made  by  Mrs.  Wharton  with 
reference  to  this  matter;  that  she  even  went  so  far  as 
to  attempt  to  cause  one  of  the  witnesses  on  the  part  oj 
the  State  to  represent  the  facts  to  the  Grand  Jury 
which  had  no  existence,  which  would  have  been  an- 
truthtul;  and  that  this  witness  peremptorilv  declined 
to  do  aoything  except  what  was  trathful  and  would  ho 
borne  out  by  the  testimony  on  the  oath  which  she  gave 
before  the  j  iry.  We  expect,  therefore,  to  show  the 
opportunities  which  she  had  for  the  administration  of 
this  medicine.  It  was  in  her  own  house.  She  didn’t 
retire  that  night,  aud  didn’t  go  to  bed  on  the  nights  of 
Sot ii i day,  Sunday,  Monday  and  Tuesday;  ’site  was  in 
and  out  of  the  room  which  Mrs.  Chnbb  occupied,  and 
which  she  partia'ly  occupied  at  that  time,  all  the  time 
through  the  period  that  she  remained-Saturday,  Sun-  i 
day  and  Monday  nights. 

We  expect,  furthermore,  to  show  that  in  some  punch, 
which  had  been  prepared  in  that  house  during  this  j 
period,  there  was  found  tartar  emetic  to  the  amount  of 
eight  or  ten  grains,  by  the  same  analysis  by  Dr.  Aikin. 
We  expect  to  show  by  the  opinions  of  certain  witnesses, 
and  experts  amone  medical  gentlemen,  that  Geueral 
Ketchum  could  have  died  from  no  other  cause  than  that 
of  poisoning.  We  expect  also,  to  show  that  tlie  ci  cum-  • 
stauces  of  Mrs  Wharton  were  quite  contract,  d.  and 
that  she  was  endeavoring  at  this  time  get  up  a  letter  of 
credit  for  her  European  trip;  that  she  attempted  to 
borrow  mouey  at  extravagant  rates,  and  we  shall  argue  • 
before  you  th’atibe  motiveiu  destroying  the  life  of  Gen.  j 
Ketchum  was  to  get  pos=ession  of  the  note,  which  wo  > 
think  we  can  show  to  you  by  circumstances,  even  to  the  ’■ 
most  minute  detail  All  his  bonds,  all  his  hills  receiva. 
hie  and  everything  of  that  character,  were  found,  cor-  • 
respondingly  in  the  minutest  details,  except  the  one  for 
this  note  of  $2,600,  which  could  not  be  found,  and  never 
has  been  found  among  any  of  his  papers.  We  expect  to 
show  you  that  a  human  life  has  been  foully  sacrificed; 
that  the  murder  has  been  committed  by  poison.  The  . 
evidence  of  this  case  will  point  clearly  to  the  prisoner 
at,  the  bar  as  being  the  actress  who  administered  that  >1 
poison. 

REMARKS  OF  MR.  STEELE. 

At  the  conclusion  ol  Mr.  Revell’s  statement,  Mr. 
Steele  arose  and  said : 

Gentlemen  of  the  Jury— In  accordance  with  the  prac¬ 
tice  in  cases  of  this  kind,  the  counsel  for  the  defence 
wi'l  reserve  the  right  to  make  an  opening  statement  ■ 
until  some  subsequent  stage.of  the  case,  when  we  shall 
have  heard  what  evidence  w.ill  he  offered  on  the  part  of , 
tlie  State.  We  cannot  well  reply  to  the  opening  state- 1 
ment  of  the  counsel  for  the  prosecution  at  the  present 
time,  owing  to  the  fact  that  portions  ot  the  evidence 
alluded  to  may  not  be  admissible.  The  law  may  not 
permit  certain  portions  to  be  introduced.  Other  por- 
tions,  again,  may  not  be  proved  If  I  may  use  a  homely 
ph’ase,  I  will  say,  gentlemen,  that  “the  bark  of  an 
opei  iug  statement  is  sometimes  worse  tnan  its  bite,” i 
and  so  it  may  be  with  the  eloquent  opening  of  my  friend. 
We  must  wait  until  the  evidence  is  offered,  so  that  we 
may  know  what  we  have  to  meet.  In  the  meantime,  it 
is  not  pioper  lor  me  to  sav  more  tovou  than  this,  that  I 
we  hope  and  believe  that  we  shall  be  able  to  present  tol 
yon  a  case,  when  you  have  the  evidence  on  both  sides,! 
iu  which  you  will  find  it  your  duty,  as  well  as  your 
pleasure,  to  iv.nder  a  verdict  of  acquittal.  A  further! 
statement,  gentlemen,  we  hope  to  have  the  privilege  ot( 
making  to  you  at  somo  subsequent  stage  ot  the  trial. 


FOURTH  DAY. 

Anxapolis,  Md.,  December  7,  1871. 

The  great  trial  is  fully  as  tedious  as  was  antieiJ 
pated,  and  as  yet  neither  side  has  shown  any 
disposition  to  'hurry.  The  interest  is  growing 
more  intense  as  the  testimony  developing  the 
corpus  delicti  is  being  giveu,  and  the  deep  sH 
ience  which  prevails  while  the  witnesses  are  on 


THE  WHARTON-KETCHUM  TRIAL 


15 


the  stand  shows  with  what  anxitey  even  those 
who  are  mere  spectators  regard  all  that  is  said. 

Yesterday,  as  Mrs.  Hutton  was  detailing  the 
circumstances  of  which  she  was  cognizant,  the 
jury,  court  aDd  spectators  listened  most  atten¬ 
tively.  Mrs.  Hutton  gave  her  testimony  yester¬ 
day  very  calmly  and  eveu  deliberately,  and  her 
manner’,  tones  and  language  were  all  very  im¬ 
pressive.  She  was  by  no  means  an  eager  witness, 
and  several  times  explained  her  words  to  the 
State’s  Attorney  with  an  apparent  desire  to  con¬ 
vey  no  improper  inferences. 

Mrs.  Wharton  was  veiled  during  the  whole  of 
yesterday’s  proceedings,  as  were  also  her  daugh¬ 
ter  and  Mrs.  Nugent,  the  wife  of  her  brother,  Dr. 
Nugent,  ol  Norristown,  Pennsylvania.  Of  course 
her  countenance  could  not  be  seen  to  any  ad¬ 
vantage  through  the  covering  which  concealed 
it  from  gaze,  but  by  her  manner  it  was  evident 
that  site  was  calm.’  Her  daughter  seemed  con¬ 
siderably  agitated,  and  snowed  her  intense  anx¬ 
iety.  Mrs~  Nugent  sat  immediately  in  rear  of 
Mrs.  Wharton,  and  she,  too,  though  deeply 
veiled,  showed  some  nervousness. 

Mrs.  Wharton's  counsel  were  keenly  alive  to 
the  importance  of  the  testimony  which  was  be 
lug  given,  and  Messrs  Steele  and  Hagner  were 
ever  on  the  alert.  Mrs  Neilson  and  Miss  Rosa 
Neilson,  who  sat  near  Mrs.  Wharton,  the  former 
immediately  to  her  right,  were  also  anxious  lis¬ 
teners. 

It  is  the  impression  that  Mrs.  Chubb's  testimo¬ 
ny  was  not  so  strong  for  the  State  as  it  had  been 
anticipated  it  would  prove,  and  the  decision  of 
the  court  on  yesterday  against  the  admissibility 
of  the  unsworn  statement,  of  General  Ketchum 
was  considered  a  gain  for  the  defence.  There  is 
i  good  prospect  of  a  fierce  war  between  the  med¬ 
ical  and  chemical  experts 
Professor  Wormly,  of  Ohio,  has  not  yet  ar- 
■ived,  and  it  is  not  known  at  what  particular 
•ime  he  will  come.  Nearly  a  dozen  doctors  and 
■xpert.s  have,  however,  been  summoned  for  the 
letence,  and  the  short-hand  reporters  have  pro¬ 
dded  themselves  with  Duuglison’s  Medical  Dic> 
ionarv,  in  anticipation  of  the  necessity  of  fre- 
(uent.  reference  to  it.  in  writing  out  the  testimony 
n  full.  Paymaster  General  Brice,  the  brother-in- 
aw  of  the  iaie  General  Ketchum,  and  the  two 
011s  of  General  Ketchum.  are  constant  attend- 
,nts,  and  yesterday  i  he  brothers  seemed  much 
.fleeted  as  the  painful  account  of  the  last  sick- 
,ess  of  their  father  was  given  by  Mrs.  Hutton, 
t  was,  indeed,  well  calculated  to  stir  the  blood  of 
,ny  hearer,  and  particularly  when  Mrs.  Hutton 
eneat.ed  the  final  and  agonizing  cries  ot  the  dy- 
tg  man. 

The  Chief  Judge  again  warned  the  jury  on 
esterday  to  be  very  careful  td  abstain  from  all 
onversation,  except  among  themselves,  in  ref- 
;  rence  to  the  case,  and  said  the  court  would  se- 
erely  punish  any  one  who  attempted  to  hold  in 
ny  improper  mannereommunicatiou  with  them, 
r  aQy  juror  who  allowed  any  communication  to 
Ijeheld  with  him.  The  beauty  and  fashion  of 
nnapolis  is  each  day  largely  represented,  as  are 
Iso  the  Naval  Academy  and  St.  John's  College, 
nd  the  fair  attendants  are  among  the  most  eager 
nd  attentive. 

A  number  of  the  officers  of  the  Naval  Academy 
re  also  present  daily.  Upon  the  arrival  of  Mrs. 
Jharton’s  carriage  this  morning  in  front  of  the 


court  house  she  was  met  by  Mr.  J  Crawford 
Neilson  and  escorted  by  him  to  her  accustomed 
seat.  As  on  yesterday,  she  appeared  deeply 
veiled.  Her  devoted  daughter,  Mrs.  Nugent, 
Mrs.  Neilson  and  Miss  Rosa  Neilson  accompanied 
her.  It  was  noticeable  that  the  number  of  la¬ 
dies  had  been  increased,  all  the  seats  provided 
for  them  being  occupied.  General  C.  W.  Field, 
Col.  James  Howard  a.nd  J.  Harman  Brown,  Esq., 
were  present  to-day. 

Frank  Leslie’s  special  artist  arrived  this  morn¬ 
ing,  and  has  been  busy  sketching  the  scene  in 
the  court  room.  The  great  trial  is  evidently  at¬ 
tracting  much  attention  throughout  the  country. 
All  of  the  principal  New  York  dailies  coniain 
lengthy  accounts,  and  several  received 
here  yesterday  made  editorial  mention  of 
the  importance  of  the  ease  and  the  in¬ 
terest  felt  in  the  proceedings.  The  medical 
gentlemen  have  thus  far  been  patiently  awaiting 
their  turn.  No  doubt,  the  lengthy  legal  argu¬ 
ments  have  proven  especially  tiresome  to  the 
eager  experts. 

Soou  after  the  opening  of  the  court  Mrs.  Hut¬ 
ton  was  recalled  to  the  witness  stand,  and  Mr. 
Eevell  said  he  had  on  yesterday  waived  a  ques¬ 
tion  about  the  making  of  a  tumbler  of  milk 
punch  in  Mrs.  Wharton’s  room,  and  in  her  pres¬ 
ence,  and  of  which  Mr.  Van  Ness  partook  with¬ 
out  experiencing  any  bad  effects,  and  he  now 
proposed  to  ask  the  witness  to  tell  the  jury  ail  she 
knew  about  the  punch  alluded  to. 

Mr.  Steele,  promptly — “Do  you  mean  to  con¬ 
nect  Mrs.  Wharton  with  it?” 

The  State’s  Attorney  said  it  was  a  part  of  the 
resgest®,  and  Mr.  Steele  objected  to  its  intro¬ 
duction. 

The  counsel  for  the  defence,  after  sometime 
had  been  consumed  in  bringing  into  the  court 
room  a  number  of  law  books,  proceeded  to  argue 
the  question  of  law  involved. 

Mr.  Hagner  opened  for  the  defence,  and  said 
the  jury  had  been  empanelled  to  try  the  one 
charge— the  felonious  and  willful  killing  of  Gen. 
Ketchum— and  the  defence  was  prepared  to  meet 
that  charge.  But  it  was  now  sought  to  inject 
into  the  case  before  thejury  and  court  testimony 
only  relevant  to  another  case. 

Judge.  Hammond  interrupted,  and  said  he  did 
not  understand  that  it  was  proposed  to  prove 
that  any  of  the  milk  punch  was  given  to  Mr.  Van 
Ness. 

Mr.  Hagner  and  Mr.  Steele  briefly  explained 
their  understanding  of  the  question,  and 

Judge  Miller  asked  Mr.  Syester  to  more  fully 
state  the  object  of  the  counsel  for  the  State. 

Attorney  General  Syester  said  the  State  pro¬ 
posed  to  show  that  in  the  vessels  that  were  in 
that  house,  in  daily  use  and  used  for  medicine  for 
the  sick  in  that  house,  that  there  was  found  tar¬ 
tar  emetic,  and  found  on  Wednesday,  the  day 
General  Ketchum  died.  The  State  would,  at  an  ■ 
other  time,  undertake  to  show  than  Mr  Van  Ness 
was  at  that  time  lying  ill  in  Mrs.  Wharton's 
house,  and  would  show  how  far  his  symptoms 
corresponded  with  those  of  General  Ketchum.  , 

Mr  Steele  said  the  defence  of  course  objected 
and  said  the  inference  sought  to  be  introduced 
was  that,  Mrs.  Wharton  was  connected  with  the 
poison  alleged  to  have  been  found  in  the  milk 
punch. 


16 


THE  WHARTON-KETCHUM  TRIAL. 


Mr.  Syester  said  that,  as  a  matter  of  course,  the 
State  proposed  to  connect  Mrs.  Wharton  with  the 
poison  found  in  the  milk  punch. 

The  defence  objected  to  the  introduction  o, 
the  testimony,  and  Mr.  Hagner  proceeded  to  ar¬ 
gue  the  question  at  considerable  length,  and  was 
listened  to  by  the  bench  with  great  attention, 
both  the  counsel  and  court,  evidently  earnestly 
appreciating  the  importance  of  the  testimony 
sought  to  be  introduced  by  the  State. 

Mr.  Hagner  quoted  irom  tne  following  author¬ 
ities:'  Wharton  Crim.  Law,  §§824, 640,  notes 
635  631:  15  New  Hampshire,  169.  State  vs.  Kenton; 
18  Ohio  (old),  222,  Com.  vs.  Barton;  8  Cox’s  C. 
C  ,  411,  Reg.  vs.  Holt;  8  Cox  C.  C.,  397,  Reg.  vs. 
Winslow;!  Leigh, 575,  Walker's  oase;2  Cush,  590, 
Com  vs.  Wilson; 5  Cottar.  696,  Cole  vs.  Com.;  3 
Greet,  on  Ev„  §19;  1  Hill.  316.  Carev  vs.  Hotel- 
lery;  12  Eng.  Cora.  Law,  295,  R.  vs.  Smith. 

Mr.  Thomas  followed  Mr.  Hagner,  and  quoted: 

One  presumption  cannot  be  founded  on  an¬ 
other.  McAleer  vs.  McMurray,  58  Penna., 
126-135;  Douglass  vs.  Mitchell,  35  Penna.,  446; 
Potter  vs.  Ferguson,  18  N.  H.,  528;  1  Siarkie’s 
Evidence,  757. 


Even  in  indictment  for  forgery,  when  a  pre¬ 
vious  uttering  of  forged  paper  is  off-red  to  prove 
guilty  knowledge,  it  is  inadmissible  unless  proven 
bv  positive,  not  circumstantial,  evidence.  Rex  vs. 
Milord,  1  Reese  &  Ryer,  244. 


Upouthe  conclusion  of  Mr.  Thomas  argument 
Judge  Miller  said  the  mind  of  the  court  was 
clear  on  the  point  raised. 

Mr.  Steele  said  he  desired  to  submit  other  au¬ 
thorities,  but  would,  of  course,  defer  to  the  wish 
of  the  bench. 


The  Chief  Judge  said  he  thought  it  would  be 
consuming  time  unnecessarily,  and  announced 
the  decision  of  the  bench  substantially  as  fol¬ 
lows: 

Mrs.  Hutton  has  proved  that  a  dose  of  medicine 
or  mixture  was  given  to  General  Ketchum  about 
1  o'clock  on  Wednesday,  and  that  he  died  at  3  P. 
M.  that  day.  It  is  certainly  competent  for  the 
State  to  prove  that  tartar  emetic  was  in  Mrs. 
Wharton's  possession  on  that  day. 

Mr.  Steele  begged  leave  to  remind  the  bench 
that  the  question,  as  presented,  was  general  in 
iis  character,  and  not  specific,  and  was  proceed¬ 
ing  to  address  the  court  in  support  of  his  view 
of  the  legal  bearing  of  the  question, 
when  Judge  Hammond,  interrupting,  said  he  did 
not  understand  that  the  State  proposed  to  show 
that  Mr.  Van  Ness  partook  of  ihe  milk  punch, 
but  that  tartar  emetic  had  been  discovered  in  a 
certain  tumbler  of  milk  punch  in  Mrs.  Wharton’s 
house.  He  thought  it  was  competent  for  the 
State  to  prove  that  Mrs.  Wharton  had  had  an  op¬ 
portunity  to  use  tartar  emetic  from  the  fact  that 
it  was  in  her  house,  and  that  she.  as  the  lady  of 
the  house,  had  it  under  her  control. 

Mrs.  Hutton,  who  during  the  argument  had 
left  the  witness  stand  and  taken  a  seat  near  the 
counsel  for  the  State,  was  now  recalled. 

Mr.  Revell  said  to  her,  “  Be  good  enough  to 
state  all  that  occurred  in  reference  to  the  kettle 
of  milk  you  gave  to  a  servant,  and  what  you 
know  of  the  milk  puflfeh.” 

Mrs.  Hutton  continued — Dr.  Chew  ordered  a 
milk  punch  for  my  brother. 


Mr.  Hagner— “We  object.” 

Mr.  Revell— “Please  state  where  the  mill! 
came  from.” 


Mrs.  Hutt  ra— I  brought  it  from  my  house  on 
Wednesday,  the  23th  of  June,  aud  gave  it  to  a 
servant  to  take  to  a  refrigerator  down  stairs;  as 
sisted  Mrs.  Van  Ness  in  preparing  the  milk 
punch;  took  a  tumbler  from  the  sideboard,  anc 
Mrs.  Van  Ness  objected  to  a  tumbler  aud  pro¬ 
posed  a  wine  glass;  some  one  proposed  a  doublt! 
punch:am  notsure  who  it  was;  Mrs.  Van  Nest 
prepared  the  punch  and  placed  half  on  the  side, 
board  in  a  wine  glass,  aud  the  other  half  in  .1 
tumbler,  in  a  small  nursery  reirigerator  in  th  1 
dining  room;  that  was  the  last  I  saw  of  it. 

Mr.  Revell  said  be  proposed  to  ask  Mrs.  Hut 
ton  it  the  punch  in  the  wiae  glass  had  any  ba 
effect  when  it  was  drank  by  somebody. 

Mr.  Hagner— “We  will  admit  thatithadn- 
pernicious  effect,”  aud  to  this  Mr.  Revell  agreed 

Mrs.  Hutton  continued— I  know  nothing  o 
what  became  of  the  tumbler,  except  that  I  saw  if 
in  the  third  story  between  12  and  half-past  lj 
o’clock;  Mrs.  Loney  had  it;  there  was  a  sediment 
in  the  bottom  of  the  tumbler;  nothing  but  a  con 
versation occurred;  saw  Mrs.  Loney  place  thl 
tumbler  in  her  pocket;  Mrs.  Loney  is  my  sisteij 
To  the  court— It.  was  a  small  tumbler.  Coatinu 
ing— I  am  the  sister  of  Mr.  Van  Ness;  while) 
was  gathering  the  General's  clothes  Mr.  Crawl 
ford  Neilson  and  a  colored  woman  were  preseal 
the  General’s  clothes  were  placed  in  a  bag— I 
coat  aud  a  pair  of  pants  were  all;  could  not  liaij 
the  vest,  and  have  never  seen  it;  Mrs.  Whartol 
said  it  was  in  her  closet  or  wardrobe;  the  Gener; 
had  acarpet  travelling  bag, Mr. Crawford  Neilso^ 
gave  her  the  key  to  the  bag,  and  I,  after  packing 
his  clothes,  gave  the  key  to  Mrs.  Wharton;  Mr  j 
Wharton  assigned  no  reason  for  the  vest  bein' 
in  her  closet  or  wardrobe. 


Mr.  Syester  said  the  witness  wa3  now  in  thl 
hands  of  the  defence. 

Cross-examined  by  Mr.  Steele— The  nursertl 
refrigerator  stood  upon  the  hearth  in  the  diniu 
room;  the  door  of  the  dining  room  is  near  to  tla 
front  door  of  the  house;  the  front  door  wi 
opened  frequently,  as  a  good  many  persons  wel¬ 
coming  in  and  out;  somebody  was  generally  I 
the  passage  to  prevent  the  ringing  oi  the  beli;  i 
door  led  Horn  the  diuing  room  into  a  passa;.. 
leading  to  the  kitchen;  the  nursery  refrigerate 
looked  like  an  oblong  tin  kettle,  it  was  n 
locked,  but  was  closed  with  a  tin  cover  setting  d 
the  top;  the  glass  containing  half  of  the  puue 
was  placed  in  the  refrigerator;  Mrs.  Loney  can 
up  stairs  with  the  tumbler  between  12  aud  ha 
past  12.  and  it  was  then  I  went  into  a  room 
to  wuich  I  was  directed  by  Mrs.  Wharton  and  bi 
a  conversation  with  Mrs.  Loney;  gathered  up  tl 
General’s  clothes,  and  Mr.  Neilsou  put  them 
the  bag,  and  I  handed  them  to  him;didn’t  see  til 
first  punch  given  to  Mr.  Van  Ness,  but  left  l 
room  before  it  was  administered;more  than  tv- 
hours  intervened  before  I  saw  the  turnblj 
which,  as  I  have  said,  Mrs.  Loney  brought  i 
stairs  at  the  time  I  had  the  conversation  wlj 
her;  Dr.  Williams  came  to  see  General  Ketchu 
about  10  o’clock  that  morning;  that,  is,  at  lea: 
the  first  time  I  know  of;  he  prescribed  for  Ge 
Ketchum.  but  was  there  an  hour  before  he  a. 
ministered  anything  to  him;  he  ordered  ice  ton 
putto  his  head;he  directed  me  to  give  the  G* 


THE  WHARTON-KETCHUM  TRIAL. 


17 


eral  forty  drops  in  two  teaspoonfuls  of  water  at  1 
o’clock;  he  remained  some  time  to  see  the  effect 
of  the  first  medicine  he  gave  General  K.:  Gen¬ 
eral  Ketchum  made  efforts  to  get  out  of  bed :  that, 
wasafew  minutes  after  Dr.  Williams  had  left; 
think  Dr.  Williams  remained  longerthan  fifteen 
minutes;  we  compared  our  watches,  and  it  wanted 
a  few  minutes  of  12  o’clock;  Dr.  Williams  said  he 
would  return,  but  don’t  remember  that  he  said  he 
would  return  at  12  o’clock;  ten  or  fifteen  minutes 
after  the  dose  was  given  to  General  K.  by  Mrs. 
Wharton  he  began  to  put  his  hands  to  the  back  of 
his  neck,  his  throat,  his  chest  and  his  stomach,  as 
described  yesterday;  no  blood  ran  down  from  his 
throat,  but  it  was  scratched  with  his  nails  so  as  to 
draw  the  blood;  the  telegram  to  General  Brice 
was  given  to  Mrs.  Loney  at  the  time  she  came  un 
with  the  tumbler;itwassent  between  12  and  halt- 
past  12;  Gen.  Brice  was  a  brother-in-law  of  Gen. 
Ketchum;  thiDk  I  said  to  Mrs.  Wharton  when  I 
told  her  it  was  not  time  to  give  General  K.  medi¬ 
cine  that  it  was  not  time,  “at  all  events;”  I  smiled 
when  I  handed  the  watch  to  her  finally,  and  I 
used  the  words  “as  you  are  so  anxious.” 

Mrs.  Hutton  was  now  allowed  to  retire  from  the 
witness  stand,  and  Mr.  Syester  called  Dr.  P.  C. 
Williams,  who,  being  sworn,  testified  as  follows: 

I  reside  in  Baltimore,  and  am  a  physician  there: 
have  practiced  there  eighteen  years;  hold  no  of¬ 
ficial  connection  with  any  medical  institution:  did 
not  know  General  K.  until  I  saw  him  at  Mrs. 
Wharton’s  on  the  25th  of  June  last;  saw  him  in 
the  afternoon  between  3  and  4  o’clock;  he  was 
sitting  on  a  sofa  in  a  third  story  room  of  Mrs. 
Wharton’s  house;  he  was  much  nauseated,  and 
had  a  weak,  rapid  pulse,  and  vomited  every  few 
moments;  I  ordered  him  to  bed,  and  prescribed 
two  drops  of  creosote  and  a  tablespoonfnl  of  lime 
water,  and  that  to  be  repeated  every  two 
hours  until  he  was  relieved;  think  I  gave 
the  direction  to  Mrs.  Hutton,  but  am  not  positive; 
Mrs.  Hutton  was  alone  in  the  room  when  I  ar¬ 
rived;  saw  no  one  else  there;  took  the  prescrip¬ 
tion  to  Gosman’s,  and  sent  the  medicine;  did  not 
seethe  medicine  administered;  saw  him  the  next 
morning  at  about  10  o’clock;  that  was  Tuesday 
morning;  reached  his  door  and  found  it  ajar,  and 
saw  that  he  was  asleep,  made  sufficient  noise  to 
wake  him;  he  said  he  was  much  better,  and  ex¬ 
pressed  his  determination  to  return  to  Washing¬ 
ton  that  morning;  he  said  he  had  intended  re¬ 
turning  with  Mrs.  Chubb,  but  had  overslept  him¬ 
self;  lie  said  he  had  been  waked  by  Mrs.  Chubb 
knocking  at  the  door  and  asking  him  if  he  was 
ready ;  as  far  as  I  remember  his  reply  was  that  he 
would  join  her  later  in  the  day;  gave  him  no 
medicine,  as  we  both  agreed  that  it 
was  not  necessary;  he  insisted  upon 
paying  me;  I  left  him,  expecting  him  to 
leave  for  Washington;  saw  him  again  on  Wed¬ 
nesday  morning,  having  received  a  message 
from  Mrs.  Wharton,  through  a  servant,  about  10 
o'clock,  that  he  was  worse,  and  she  desired  me 
to  come  at  once  to  see  him;  found  him  lying  on  a 
sofa  on  his  right  side,  his  feet  supported  by  a 
chair,  and  his  face  turned  to  the  back  of  the  sofa; 
after  failing  to  arouse  him  by  speaking  I  touched 
him  to  arouse  him,  but  he  made  no  reply,  and  a 
slight  convulsive  tremor  passed  over  him,  from 
head  to  foot;  the  room  being  dark  I  pushed  open 
the  shutters  to  examine  him' more  minutely;  upon 
examination  I  found  his  head  and  face  very  much 
congested;  his  face  was  red;  not  a  biuish  red,  but 


of  a  color  suggesting  a  purple  tinge;  roused  him 
and  asked  how  he  was;  he  replied,  “tolerably,” 
and  then  relapsed  into  his  previous  condition; 
addressed  him  some  commonplace  questions  to 
test  him,  and  I  got  a  muttered  reply,  and  he  re¬ 
lapsed  again  into  the  same  state;ffie  said  nothing 
about  his  sufferings,  and  I  don’t  think  he  was 
capable  of  speaking  a  sentence;  decided  to  put 
him  to  bed,  and  called  Mr.  Hutton;  let  his  feet 
fall  from  a  chair  upon  which  they  restea,  and 
raised  him  to  a  sitting  posture;  he  was  unable  to 
walk  to  the  bed;  we  raised  him  to  his  feet;  when 
I  got  him  to  his  feet  I  was  surprised  to  find  his 
arms  and  legs  were  stiff  and  rigid,  and  being 
taller  than  either  of  us  he  stooped;  we  had  to 
slide  his  feet  along. -and  in  that  way  got  him  into 
bed;  we  sat  him  upon  the  edge  of  the  bed,  lifted 
his  feet  and  put  him  in  bed;  have  no  recollection 
of  his  saying  anything  or  uttering  any  sound  after 
we  took  him  from  the  sofa;  we  undressed  him  and 
I  ordered  ice  to  be  applied  to  his  head;  wrote  a 
prescription  for  a  half  ounce  of  the  tincture  of 
yellow  jasmine,  and  gave  directions  on  the  pre¬ 
scription— “forty  drops  every  two  hours  in  two 
teaspoonsful  of  water;”  Mr.  and  Mrs.  Hutton 
were  present  when  I  gave  the  direction;  reached 
Mrs.  Wharton’s  about  10  o’clock  on  Wednesday 
morning;  wrote  the  direction  on  the  prescription; 
went  down  stairs  to  notify  Mrs.  Wharton  of  Gen¬ 
eral  Ketchum’s  illness,  and  converse  about  the 
propriety  of  telegraphing  for  his  friends  or  rela¬ 
tives;  told  her  of  General  Ketchum’s  condition: 
asked  her  ii  there  were  any  near  relatives  who 
she  thought  should  be  notified;  it  was  between 
half-past  10  or  11  o’clock;  Mrs.  Wharton  said  she 
would  immediately  notify  General  Brice;  Mrs. 
Wharton  asked  me  if  Mr.  Hutton  had  given  me  a 
bottle  she  had  entrusted  to  him  to  give  to  me,  and 
I  told  her  he  had;  produced  it  and  she  asked  me  if  I 
did  not  think  it  contained  laudanum.  [Here  Dr. 
W.  handed  to  Mr.  Syester  a  small  bottle.]  I  told 
her  I  thought  it  had  contained  laudanum;  she 
then  detailed  the  circumstances  under  which  that 
bottle  had  been  found, and  asked  that  the  fact  of  its 
having  been  found  ought  not  to  be  known  further 
than  was  necessary,  as  it  might  give  rise  to  an  uu- 
pleasant  impression  that  General  Ketchum  had 
killed  himself;  she  said  the  bottle  had  been  found 
the  evening  before;  she  then  went  on  to  say  that 
she  and  the  servant,  Susan,  had  gone  to  the  Gen¬ 
eral’s  room  to  make  up  his  bed,  and  requested  the 
General  to  change  his'  position  from  the  bed  to  the 
sofa,  and  that  as  Susan  pulled  off  the  bed  clothes 
something  rolled  upon  the  floor;  General  Ketchum 
called  out,  “look  out,  you  will  break  my  watch;” 
she  looked  and  saw  the  watch  on  his  person;  they 
completed  the  making  of  the  beds,  and  left  the 
General  lying  on  the  sofa;  she  went  on  to  say  that 
some  time  atterwards  Susan  came  and  said,  “You 
know,  Mrs.  Wharton,  something  fell  out  of  the 
bed,  and  the  General  thought  it  was  his  watch, 
but  I  afterwards  went  up  to  see  what  it  was  and 
found  this  bottle”— giving  her  the  bottle;  the  bot¬ 
tle  is  precisely  now  as  when  I  first  took  it;  on  the 
cork  was  printed  “Coleman  &  Rogers;”  there  is 
such  a  drug  house  on  Baltimore  street,  between 
Light  and  Calvert  streets;  it  is  probably  a  mile 
and  a  quarter  from  Mrs.  Wharton’s;  after  this 
conversation  I  returned  to  General  Ketchum’s 
room,  and  finding  the  medicine  had  been  brought 
I  asked  Mrs.  Hutton  to  bring  me  a  tablespoon 
and  a  teaspoon,  and  she  went  for  them;  the  Gen¬ 
eral  was  at  that  time  in  a  semi-comatose  state; 
my  first  impression  was  that  he  had  congestion 


18 


TEE  WEARTON-KETCEUM  TRIAL 


of  the  brain,  threatening  apoplexy;  I  examined 
him  with  some  care;  Ifound  thepupilsof  hiseyes 
of  natural  size,  but  insensible  to  light;  that  is, 
when  I  opened  the  eye,  there  was  but  slight  sen¬ 
sibility  to  the  light.:  continued  of  that  opinion 
until  Mr.  Hutton  and  I  raised  him  to  his  feet;  then 
dismissed  that  idea,  as  I  found  that  instead  of 
giving  way  to  the  floor  he  was  rigid'  and  stiff  in 
his  limbs;  I  then  feared  paralysis;  we  put  him  to 
bed,  and  I  went  down  stairs;  said  to  Mrs.  Whar¬ 
ton  -Tm  glad  we  have  found  this  bottle,  for  it 
explains  his  condition  on  yesterday,  and  if  he  has 
taken  nothing  but  laudanum  he  will  recover;”  had 
discovered  no  evidences  oi  a  dangerous  amount 
of  opium  having  been  taken;  administered  the 
dose  of  jasmine;  had  he  taken  a  dangerous 
amount  oi  opium  the  pupils  of  his  eyes  would  have 
been  contracted,  and  I  should  have  expected  to 
have  found  a  very  different  character  of  breath¬ 
ing;  would  have  been  slow  and  laborious;  failed, 
too,  to  And  the  muscular  relaxation  which  would 
have  resulted  from  a  dangerous  amount  ol  opium; 
have  seen  a  good  many  cases  in  which  overdoses 
ot  opium  have  been  taken,  and  speak  from  expe¬ 
rience,  when  I  went  to  give  the  General  the  first 
dose  I  found  his  teeth  so  clenched  that  it  was  very 
difficult  to  introduce  the  spoon  into  his  mouth, 
and  if  he  had  been  under  the  influence  of  opium 
that  would  not  have  been  the  case,  but  the  mus¬ 
cles  would  have  been  relaxed;  remained  to  watch 
the  result  of  that  dose;  in  about  filteen  minutes 
his  appearance  began  to  improve,  his  color  was 
better,  and  the  appearance  of  his  eye  notably 
better;  1  sat  by  his  bed  and  watched  for  some 
time  the  effect  of  the  medicine;  when  I  gave  the 
dose  at  11  o’clock  I  gave  the  direction  to  repeat 
the  dose  at  12  o'clock  if  he  continued  in  the  con¬ 
dition  in  which  he  then  was;  I  directed,  after  ob¬ 
serving  the  effect  of  the  medicine,  to  give  the 
dose  at  1  o’clock;  went  to  the  house  to  look  for  a 
nurse,  but  failing  to  obtain  one,  I  returned  and 
so  informed  Mrs.  Wharton,  and  at  the  same  time 
I  told  her  I  had  given  directions  for  a  dose  of 
forty  drops  to  be  given  at  1  o’clock;  found  it 
necessary  to  use  a  catheter;  Mrs.  Hutton  came 
for  me  as  she  described, and  when  I  went  into  the 
room  I  found  the  General  in  convulsions;  that 
was  about  1  o’clock;  bad  feared  urinic  poison; 
put  him  under  the  influence  of  chloroform,  bv  in¬ 
halation,  that  I  might  use  my  catheter;  tested  the 
urine  and  found  it  perfectly  healthy;  the  convul¬ 
sions  were  very  peculiar,  and  there  seemed  to  be 
an  effort  to  throw  himself  from  side  to  side;  saw 
deep  scratches  on  his  neck,  and  a  few  on  his  fore¬ 
head;  found  his  stomach  also  scratched;  the  skin 
was  practically  torn  off;  not  wishing  to  trust  the 
inhalation  of  chloroform  to  inexperienced  per¬ 
sons,  I  gave  him  thirty  grains  of  chloral;  when  I 
returned  to  the  General  I  remarked  to  Mr.  Snow¬ 
den  :-‘I  fear  the  General  has  been  poisoned;” 
that  was  about  2  o’clock;  when  my  mind  was  in 
this  condition  of  doubt  and  suspicion  Mrs.  Hutton 
called  me  aside,  and  we  had  a  conversation. 
(The  defence  objected  to  the  conversation  being 
given,  and  the  Doctor  desisted.]  I  was  sent  for 
to  see  Mrs.  Loney,  and  she  took  from  her  pocket 
a  tumbler;  I  took  out  a  minute  portion  of  the 
sediment  from  the  tumbler  on  my  knife,  and  put 


it  to  the  roof  of  my  mouth;  found  it  contained  i 
strong  metallic  taste,  audit  also  burnt  my  tongue 
the  taste  was  so  strong  that  it  persisted  in  nr 
mouth  until  I  got  my  dinner,  about  5  o’clock;  thei 
remarked  to  Mrs.  Loney  (here  the  Doctor  wa 
again  stopped  by  the  defence);  returned  to  Gen 
eral  Ketchum's  room  with  my  doubt-  very  mucl 
changed  into  a  conviction  that  he  had  been  poi 
soned;  found  General  Ketchum  growing  rapidlp 
worse;  left  General  Ketchum’s  room  to  notif;, 
Mrs.  Wharton  of  the  General’s  impending  death 
left  her  room  to  return  to  General  Ketchum’s,  am 
I  met  a  gentleman  coming  down  stairs,  and  he  an 
swered  me  that  the  General  was  dead;  passed  oi 
up  stairs  and  soon  satisfied  myself  that  he  wa  I 
dead; knew  a  telegram  had  been  sent  to  Genera  < 
Brice;looked  in  General  Ketchum’s  pockets  anc  ( 
took  liis  watch,  rings  and  oi.her  valuables,  whicl  j 
I  found,  and  gave  them  to  Mrs.  Hutton;  examine! 
the  coatand  pants,  butsawno  vest;  hunted  forth! 
vestsoasio  be  able  to  discover  anything  valua 
ble  in  his  pockets;  found  in  his  pockets  a  pocket 
book,  a  watch  and  a  knife;  waited  for  some  time 
hoping  General  Brice  would  arrive,  but  feelin; 
very  tired  1  went  home  and  requested  to  be  in 
formed  of  his  arrival;  saw  General  Brice  tha 
night  at  9  o’clock  at  Mrs.  Wharton’s;  then  told 
him— (here  the  defence  quickly  interrupted,  am/ 
the  doctor  was  not  allowed  to  relate  what  hi 
said);  we  made  the  post  mortem  examinatior 
about  11  o’clock  on  Thursday  morning;  Dre' 
Chew  and  Miles  assisted  me  in  the  post  raorten( 
examination;  the  body  had  been  removed  to  Ja 
cob  JVeaver’s,  the  undertaker,  on  Ross  street;  w. 
removed  the  skull,  took  out  the  brain,  but  failed 
to  discover  anything  to  explain  the  c  use  of  hi; 
death,  we  then  examined  the  liver,  kidneys  ant 
spleen,  and  found  them  all  healthy;  we  then  ap 
plied  a  ligature  above  and  below  the  stomach  ami 
removed  that  also  with  its  contents;  we  next  re 
moved  the  bowels,  opened  them  and  found  noth 
ing  especially  noteworthy  except  occasiona 
points  of  congestion;  we  had  a  slight  discussiot 
as  to  the  propriety  ot  opening  the  chest  to  exam 
ine  the  heart  anil  lungs,  but  we  did  not  oper 
them;  subsequently,  when  the  Grand  Jury  fount 
an  indictment,  we  proceeded  to  Washington,  hac 
the  body  exhumed  and  found  no  evidences  o 
disease  in  the  heart  or  lungs:  we  placed  thi 
stomach  in  a  glass  jar  and  sent  it  to  Dr.  Aikiit 
by  Dr.  Chew;  we  found  the  spinal  column  coni 
tained  nothing  we  could  regard  as  a  cause  o, 
death;  in  the  brain  we  discovered  minute,  littli 
red  points,  which  the  book  speak  of  as  puncti 
form  congestion;  concluded  that  these  lilt! 
points  were  rather  the  effect  of  some  other  cans' 
than  that  which  resulted  in  his  death;  it  migh 
be  looked  for  after  a  prolonged  death  struggle 
there  was  no  effusion  of  blood  or  of  cerum  in  any 
part  of  the  brain;  the  jar  in  which  the  stomacl 
was  placed  was  perfectly  clean,  and  came  from 
Marion’s  drug  store. 

Here  the  Court  adjourned  until  to-morrow  a> 
10  A.  M.  Mrs.  Wharton  sat  during  the  who! 
day  with  her  veil  down  and  appeared  very  comj 
posed. 


THE  WHARTON- KETCHUM  TRIAL. 


19 


FIFTH 


Annapolis,  Md.,  December  S,  1S71. 

Though  the  testimony  against  Mrs.  Wharton 
appears  to  be  thus  far  of  a  strong  character, 
and  the  fact  that  much  of  it  has  been  circum¬ 
stantial,  does  not  appear  to  have  weakened 
its  force,  she  appears  as  calm  as  when  she 
first  entered  the  court  room,  and  though  her 
features  are  concealed  by  the  heavy  veil 
which  she  constantly  wears,  her  manner  in¬ 
dicates  that  she  is  composed  and  resigned 
Her  daughter.  Miss  Nellie  Wharton,  appears 
nore  anxious. 

The  interest  in  the  great  trial  appears  to  in- 
irease,  aud  the  attendance  on  yesterday  and 
:o-d ay  shows  the  eagerness  of  the  people  to 
earn  the  whole  story.  The  seats  assigned  to 
adies  are  filled  to  overflowing,  and  the  gen¬ 
ie  sex  are  especially  attentive,  even  to  the 
u'gumeuts  of  the  counsel.  The  intimation 
liven  in  the  Gazette  of  last  Saturday,  that  it 
night  become  necessary  to  grant  admission 
>y  tickets,  caused  a  good  many  to  stay  away 
luring  the  first  two  days  of  the  trial,  as  the 
nipression  had  gotten  abroad  that  fifty  cents 
vould  he  charged  for  admission,  hut  the 
■rowd  will  now  probably  continue  to  fill  the 
jourt  room  each  day. 

A  few  minutes  before  10  o’clock  Mrs.  Whar- 
on,  with  all  of  the  ladies  who  accompanied 
ier  yesterday,  entered  the  court  room  and 
heir  arrival  created  the  usual  stir.  Mrs 
Vkarton  and  her  daughter  were,  as  usual 
ressed  in  black  and  heavily  veiled,  and  no 
hange  in  the  manner  of  the  prisoner  or  her 
aughter  could  he  seen.  Professor  Harry 
flute,  of  St.  John’s  College,  was  present,  with 
*rs.  Warren,  of  Baltimore,  Reese  and  Genth, 
f  Philadelphia,  and  Professor  McCullough,  of 
fashington-Lee  University,  and  the  medica 
nd  chemical  witnesses  for  the  State  sat  to 
:ieir  left. 

Upon  the  opening  of  the  Court  Dr.  P.  C. 
hi  lianas  was  recalled  to  the  stand,  but 
efore  his  examination  commenced  the  Chief 
ndge  again  warned  the  representatives  of  the 
azette,  Sun  and  American  to  be  very  careful 
>  make  no  comment  upon  the  testimony  in 
ae  hearing  of  the  jury,  and  threatened  to  re- 
ove  any  offender.  Mr.  Hagner  then  re¬ 
vested  the  Court  to  instruct  the  Clerk  to  an- 
nince  that  all  witnesses  summoned  for  the 
ifence,  except  the  medical  and  cnemical 
itnesses,  were  excused  until  Tuesday  next, 
id  the  announcement  was  made  accordingly. 
Dr.  Williams  then  resumed — I  first  visited 
meral  Ketchum  on  Monday  afternoon,  the 
t.li  of  June;  his  pulse  was  feeble  and  rapid, 
cheating  weakness,  and  I  distinguished  it 
>m  a  pulse  I  would  he  likely  to  encounter 
a  case  of  poisoning  from  opium  by  its 
ickness;  on  Tuesday  his  whole  condition 
d  improved,  and  his  pulse  was  much  better; 
Wednesday  I  found  his  condition  very 
tical;  his  pulse  was  then  quicker  and  feeble, 
t  the  general  characteristics  were  the  same 
on  Monday;  I  saw  no  symptoms  of  poison- 
I  from  laudanum;  an  ordinary  medical  dose 
opium  is  exhausted  in  about  nine  hours;  if 
'  2 


an  overdose  the  patients  die  in  a  state  of 
total  insensibility;  the  ordinary  symptoms 
of  poisoning  from  an  overdose  of  opium 
would  be  extreme  pallor,  muscular  relaxation 
and  the  pupils  of  the  eves  firmly  contracted 
and  insensible  to  light;  the  breathing  would 
be  exceedingly  slow  and  laboring;  I  have  seen  a 
great  many  cases  of  poisoning  from  overdoses 
of  opium;  I  saw  no  evidences  in  General  K.’s 
case  of  symptoms  that  would  indicate  a  fatal 
dose,  but  I  draw  a  distinction  between  adan- 
erous  and  a  fatal  dose;  they  might  have  been, 
ut  I  did  not  see  them;  tartar  emetic  is  a  poi¬ 
son  if  taken  in  too  large  quantities;  the 
amount  of  an  overdose  of  tartar  emetic  would 
depend  upon  'the  fact  whether  or  not  the  pa¬ 
tient  ha,d  been  accustomed  to  take  it;  beyond 
five  or  six  grains  is  ordinarily  an  overdose;  the 
yellow  jasmine  I  obtained  from  Mr.  Gosman, 
and  I  presume  it  was  made  by  him;  I  have 
used  it  for  t.en  years  in  my  practice;  it  is  made 
by  the  maceration  of  four  ounces  of  the  root 
in  twelve  ounces  of  diluted  alcohol;  I  have 
used  it  on  myself;  the  symptoms  of  an  over¬ 
dose  would  he  a  wide  dilation  of  the  pupil 
of  the  eyes;  the  eyelids  would  become  par¬ 
alyzed  so  that  it  would  be  impossible  for  the 
atient  to  open  his  eyes;  the  skin  would  be 
atked  in  perspiration,  owing  to  the  general 
relaxation;  the  breathing  is  not  affected  in  the 
earlier  stages  of  its  action,  nor  does  the  heart 
become  affected  in  its  _  action  until  a  late 
period;  then  the  breathing  becomes  hurried 
and  quick,  and  the  heart  acts  in  a  correspond- 
■og  way;  I  ought  to  state  that  in  consequence 
of  the  dilation  of  the  pupils  the  sight 
becomes  impaired;  I  did  not  notice  on 
any  of  my  visits  to  General  K.  any  of 
the  symptons  of  an  overdose  of  yellow  jas¬ 
mine;  I  gave  him  the  first  dose  on  Wednesday 
al^out  11  o’clock;  1  do  not  think  Mrs.  Wharton 
was  present  when  I  gave  it:  at  1  o’clock  Mrs. 
Wharton  told  me  General  K.  had  seemed 
worse  after  taking  the  second  dose;  she  said 
he  had  become  more  restless,  and  was  threat¬ 
ened  with  convulsions;  I  expressed  surprise 
and  said  I  could  not  account  for  that  result 
from  the  jasmine:  “because.”  said  I  to  her 
“You  observed  the  effects  of  the  first  dose, 
how  it  soothed  and  quieted  him,  and  I  would 
expect  a  similar  result  from  the  second  dose;” 
she  said  she  could  not  account  for  it 
but  that  as  yet  such  had  been  the  effect* 
she  admitted  that  the  first  dose  had 
quieted  him;  the  last  dose  I  gave  him  was  one 
of  chloral  in  a  cup,  a  dessert  spoonful  of  the 
solution,  and  about  a  wine  glass  of  milk;  he 
was  then  having  violent  convulsions,  and  I 
administered  the  medicine  with  my  own 
hands;  I  dipped  it  up  with  a  spoon,  and  I  had 
difficulty  in  getting  the  spoon  into  his  mouth; 
he  bit  upon  the  spoon  so  that  his  middle  front 
tooth  was  loosened;  if  he  had  had  an  overdose 
of  opium  or  jasmine  the  jaws  would  have  been 
relaxed;  had  the  vial  of  laudanum  been  full  it 
would  have  been  a  fatal  quantity  to  most 
people;  that  is  to  persons  not  accustomed 
to  its  use;  it  is  impossible  to  sav 
i  0Wj  fin»  General  Ketchum  would  have 
lived  after  taking  an  overdose  of  laudanum 
oi  that  quality,  as  it  varies  so  much;  I  had 
inferred  when  I  saw  him,  from  the  informa¬ 
tion  1  had  obtained  of  his  sickness  on  Satux- 


20 


THE  WHARTON-KETCHUM  TRIAL. 


day  night  and  Monday,  that  he  had  been  suf¬ 
fering  from  cholera  morbus;  at  least  I  found 
the  irritability  of  stomach  attending  cholera 
morbus:  there  was  not  at  that  time  in  Balti¬ 
more  more  than  the  ordinary  liability  to 
cholera  morbus;  I  should  say  that  it  was 
almost  certain  that  anybody  taking  an  over¬ 
dose  of  opium  on  Tuesday  would  have  been 
in  a  dangerous  condition  on  Wednesday  morn¬ 
ing;  I  saw  no  such  manifestations  when  I  saw 
him  on  Wednesday;  tartar  emetic  is  used 
against  febrile  symptoms,  or  else  as  an 
emetic;  on  the  subject  of  the  effect  of 
an  overdose  of  taitar  emetic  I  have 
no  experience,  except  in  this  case; 
the  symptoms  are  very  uncertain  usually;  ac¬ 
cording  to  the  authorities  there  would  be  in 
the  case  of  an  overdose  of  tartar  emetic  heat, 
pain  and  constriction  in  the  throat,  accompa¬ 
nied  by  a  very  strong  metallic  taste;  there 
may  or  may  not  be  vomiting;  some  times  it  is 
profuse,  and  again,  even  when  large  quantities 
have  been  given,  no  vomiting;  there  would 
also  be  pain  and  griping  in  the  stomach,  and 
usually  extreme  muscular  relaxation  up  to  a 
certain  point;  then  we  find  a  stiffness — what 
the  books  term  a  tetanic  condition— espe¬ 
cially  about  the  neck,  arms,  and  legs; 
sometimes  the  stiffness  and  rigidity  is  mani¬ 
fested  at  a  very  early  period  of  the  effect 
from  an  overdose;  then  there  would  be  a  red¬ 
dish,  bluish,  livid  appearance  about  the  sur¬ 
face  resulting  from  its  action  upon  the  heart, 
weakening  the  force  of  that  organ  so  as  to 
leave  passive  congestion  throughout,  the 
venous  system;  upon  the  pupil  no  decided  ef¬ 
fect  is  produced;  of  course  this  condition  of 
things  is  accompanied  by  a  stupor,  more  or  less 
profound,  varying  in  extent;  there  is  apt  to  be 
rather  an  increase  than  a  diminution  in  the 
amount  of  urine;  I  never  ordered  porter  4>r 
General  Ketchum,  and  said  nothing  to  Mrs. 
Wharton  about  giving  him  porter;  on 
this  subject  I  am  perfectly  positive;  when 
I  examined  the  body  at  Washington 
I  found  no  indications  of  uriuie  poison 
if  he  died  from  apoplexy  or  paralysis,  the 
post  mortem  examination  would  have  re¬ 
vealed  that  fact;  anterior  to  the  post,  mortem 
examination  I  suspected  that  he  had  died  from 
poison— simply  poison  ;  in  fact  my  opinion 
was  that  he  had  died  from  poison  ;  by  the  evi¬ 
dences  of  the  post  mortem  my  previous  opin¬ 
ion  was  strengthened  ;  the  evidences  were  all 
consistent  with  the  theory  of  poisoning  from 
tartar  emetic ;  I  know  of  no  instance  in  which 
yellow  jasmine  has  produced  convulsions,  and 
my  own  practice  has  been  to  prescribe  it  to 
prevent  convulsions ;  in  some  respects  the 
symptoms  produced  by  tartar  emetic  and  by 
cholera  morbus  are  similar;  at  certain  periods 
of  the  action  the  symptoms  of  one  might  be 
mistaken  for  the  other ;  tartar  emetic  is  very 
soluble;  more  soluble  in  tea  than  in  water;  in 
lemonade  its  solubility  would  be  equivalent 
to  its  solubility  in  water;  the  effect  of  tartar 
emetic  and  laudanum  would  be  to  prevent 
both  vomiting  and  purging;  I  was  present 
when  the  stomachwas  delivered  to  Dr.  Aiken, 
and  it  was  in  the  same  condition  as  when 
first  put  in  the  jar;  I  should  say  that  eighty 
drops  of  yellow  jasmine  would  not  be  an  over- 
close;  1  have  frequently  taken  myself  a  tea¬ 


spoonful,  and  in  one  instance  I  prescribed 
that  amount  to  be  taken  every  two  hours; 
where  yellow  jasmine  is  administered  the 
mind  remains  clear  until  the  heart  becomes 
weakened;  forty  drops  of  the  tincture  of  yellow 
jasmine  in  two  teaspoonfuls  of  water 
would  give  a  color  somewhat  resembling  pale 
sherry;  forty  drops  in  two  tablespoonfnls 
would  make  it  relatively  paler  and  weaker. 
[The  Dr.  was  now  called  upon  to  produce  yel¬ 
low  jasmine.  and  took  from  his  side  pocket  a 
small  vial  of  the  tincture.  At  the  request  of 
Mr.  Revel],  he  then  dropped  forty  drops  in  a 
little  water  in  a  tumbler, and  showed  it  to  the 
jury.  The  first  juror  took  a  tablespoon  con¬ 
taining  the  mixture,  and  it  was  passed 
around  among  them  and  examined.  The  Dr. 
next  put  forty  drops  of  yellow  jasmine  and 
two  tablespoonfnls  of  water  into  a  tumbler, 
and  that  too  was  shown  to  the  iury.l 
The  witness  was  now  turned  over  to  the  de¬ 
fence,  and  was  subjected  to  a  rigid  cross-exam¬ 
ination  by  Mr.  Steele. substantially  as  follows: 
When  I  saw  General  K.  on  Monday  I  ascribed 
his  irritability  of  stomach  to  cholera  morbus, 
I  gave  the  prescription  of  two  drops  of  creo¬ 
sote  in  a  tablespoonful  of  lime  water  to  meet 
that  condition;  that  relieved  him;  if  he  hat 
had  at  that  time  tartar  emetic  in  his  stomach 
or  it  had  been  .absorbed  in  his  system,  th« 
creosote  would  have  had  no  ettect,  so  far  as  1 
am  informed,  but  the  lime  water  might  hav< 
had  a  neutralizing  effect;  tartar  emetic  i- 
rapidly  absorbed  into  the  system  through  tin 
!  kidneys;  General  K.  did  not  tell  me  that  hi 
had  been  very  much  fatigued  on  Saturday 
.  or  that  he  had  drank  a  great  deal  of  ice 
water;  on  Tuesday  morning  he  was  mucl 
better  and  said  he  would  have  gone  to  Wash 
ington  on  that  day  with  Mrs.  Chubb  if  he  ha< 
not  overslept  himself;  he  asked  me  to  get  hi 
pocket  book  from  his  pantaloons  in  a  closet  > 
few  feet  from  his  bed;  he  then  paid  me  form.' 
services;  he  had  not  up  to  that  time  com 
plained  of  headache  or  dizziness;  Genera 
Iv.  told  me  had  had  cholera  morbus  on  Satnr 
day  and  Sunday  nights;  I  examined  his  tongu 
on  Wednesday  at  the  time  of  my  first  visit:  i 
was  natural,  and  he  protruded  it  without  dil 
ficalty;  I  prescribed  the  yellow  jasmine  to  re 
move  his  congested  condition;  I  feared  then 
might  be  congestion  about,  the  brail 
I  would  not  say  that  yellow  jasmin 
is  a  depressent:  I  call  some  medicine 
depressent,  but  I  am  not  prepared  t| 
call  yellow  jasmine  of  that  class.  LM 
Steele,  here  produced  the  Baltimore  Atd 
cal  Journal  for  March,  1871,  and  asked  D 
Williams  if  he  still  entertained  the  vieg 
then  expressed,  and  to  which  he  replied  in  tit; 
affirmative.  Continuing — "I  was  one  of  the  firt 
physicians  in  Baltimore  to  use  yellow  jai 
mine,  and  my  friends  sav  it  is ‘a  hobby’ wit 
me.”  Mr.  Steele — “Medical  science  is  const 
r.uted  of  a  good  deal  of  theory.”  Dr.  Wi 
liams— “  I  hope  some  facts,  too.”  Continuit* 
— General  K.’s  face  was  of  a  livid  color  who 
I  saw  him  first  on  Wednesday;  I  ordered  fort) 
drops  of  yellow  jasmine  in  two  teaspoonfnl 
of  water:  General  K.  was  quiet  on  Wednesila 
until  I  shook  him;  then  there  was  a  sligl 
convulsive  tremor,  which  passed  over  bj 
whole  body;  I  attributed  his  attempt  to  jura 


TEE  WEAR TON-KETCEUM  TRIAL. 


21 


ut  of  bed  to  the  disagreeableness  of  the  ice 
rhicb  I  had  ordered  to  be  applied  to 
iis  head, and  I  ordered  itremoved;  his  convnl- 
ions  were  not  of  the  ordinary  character;  the 
onstant  effort  of  the  convulsion  was  to  throw 
iiin  from  his  back  to  his  left  side,  and  he  ut- 
ered  sounds  which  indicated  great  pain;  after 
had  partially  roused  nim  he  at  once  relapsed 
□to  a  semi-comatose  state;  he  continued  in 
bis  semi-comatose  or  semi-conscious  condi- 
ion;  in  that  condition  his  sense  of  pain  would 
iot  be,  of  course,  so  acute  as  it  would  be  in 
lerfect  consciousness;  when  I  first  spoke  to 
,Irs.  Wharton  of  General  Ketchum's  conrli- 
ion  I  simply  told  her  that  he  was  critically 
11,  and  that  his  friends  ought  to  be  sent  for; 
considered  him  very  ill  ami  remained  there 
vith  him  two  hours;  when  I  tested  the 
irine  by  the  usual  test  of  heat  and  nitric  acid 
did  not  suspect  poison;  I  tested  for  albumen, 
,nd  not  for  antimony;  I  found  no  albumen;  I  do 
iot  remember  that  Istated  to  Dr.  Aiken  when 
took  the  stomach  to  him  what  medicines  I 
lad  prescribed  for  General  Ketchnm;  I  did  not 
ntimate  to  him  that  the  poisoning  of  General 
fetchum  had  been  by  strychnine;  I  simply 
old  him  I  suspected  poisoning,  and  had  not  as- 
ociated  strychnine  with  the  poisoning;  there 
re  no  symptoms  exclusively  and  invariably 
haracteristic  of  any  poisoning;  I  never  saw  a 
ase  of  poisoning  from  tartaremetic,  and  what 
have  said  on  that  subject  has  been  derived 
rom  my  reading;  when  I  saw  Gen.  Ivetcbum, 
hortly  after  1  o’clock  on  Wednesday,  I  re- 
arded  him  as  hopelessly  ill;  tartar  emetic 
ound  in  his  stomach  after  death,  and 
ot  absorbed  into  his  system,  could  not 
ave  caused  his  death;  I  would  not  say 
bat  General  Iv.  was  moribund  when  I  saw 
im  on  Wednesday  at  1  o’clock.  (Here  some 
esultory  discussion  took  place  between  the 
ounsel  and  the  witness  as  to  the  proper  use 
f  the  the  term  “moribund.”)  Continuing — I 
bould  say  that  when  a  man  was  uttering 
roans  such  as  General  K.  was  uttering,  the 
resumption  would  be  that  he  was  suffering 
reat  pain;  I  found  no  blood  upon  his  clothes: 
oth  on  the  neck  and  abdomen  the  skin  was 
cratched  and  the  blood  was  exuding;  they 
•ere  bloody  without  having  any  blood  Tun¬ 
ing  from  them;  at  Washington  we  took  out 
nly  a  few  inches  of  the  marrow  in  the  spinal 
olumn;  I  did  not  examine  or-  inspect  the 
leinbranes  of  the  spinal  marrow  beyond  that 
istance;  no  blood  was  found  on  the  sheath  of 
he  spinal  column;  no  blood  was  effused  from 
le  brain,  in  the  ordinary  sense  of  the  word 
ffnsion;  the  little  points  I  spoke  of  yesterday 
•ere  numerous;  I  should  say  they  were  of  a 
ark  red — brownish;  they  might  have  been 
ost  mortem;  I  cannot  say  whether  they  were 
ate  mortem  or  post  mortem;  the  presumption 
that  they  were  ante  mortem;  Prof.  Miles 
samined  them  with  a  microscope,  but  I  did 
ot;  the  post  mortem  examination  was  prac- 
cally  conducted  by  Prof.  Miles;  if  I  had 
nown  General  Ketchnm  was  under  the  influ- 
ace  of  tartar  emetic,  I  would  have  given  him 
ellow  jasmine;  in  the  present  status  of 
ledicine,  I  would  prefer  not  to  state  any 
heory  as  to  the  modus  operandi  of  yellow 
ismine;  I  do  not  here,  under  oath,  adopt 
le  theory  I  expressed  in  the  Balti¬ 


more  Medical  Journal  of  last  March; 
I  did  not  give  Gen.  Ketchnm  yellow  jasmine 
a9  a  stimulant;  I  do  not  admit  that  tartar 
emetic  is  a  depressent;  I  suppose  tirat  some 
cases  of  poisoning  by  tartar  emetic  could  not 
he  distinguished  from  cholera  morbus,  that  is, 
up  to  a  certain  period.  Mr.  Steele  here  desired 
to  read  to  the  witness  a  statement  of  a  fact 
from  Wharton  and  Stille’s  Medical  Jurispru¬ 
dence,  but  before  reading  it  passed  it  to  Mr. 
Syester,  at  his  request.  Mr.  Syester  said  he 
had  no  objection  to  the  closing  sentence  being 
read  to  the  witness.  The  authority  quoted 
said  it  would  he  hazardous  to  express  the  opin¬ 
ion  that  the  symptoms  of  tartar  emetic  poison¬ 
ing  and  of  cholera  morbus  were  different,  and 
Dr.  Williams  said  he  agreed  that  it  would  be 
hazardous.  Mr.  Steele  uow read  from  Taylor 
on  Poisonings,  pages  520  and  521,  in  reference 
to  the  general  effect  upon  the  pupils  of  the 
eyes.  Dr.  Williams  said  it  was  recognized  as 
high  authority.  Mr.  Syester  interrupted,  and 
said  he  objected  to  the  introduction  of  the 
hooks  as  authorities.  Mr.  Steele  said  he  did 
not  propose  to  use  the  books  at  that  time  as 
authorities,  hut  would,  as  far  as  he  was  then 
advised,  go  before  the  jury  with  them.  Judge 
Miller  said  the  Court  would  then  decide  the 
question  of  the  right,  to  use  them  as  authori¬ 
ties.  The  cross-examination  of  the  witness 
was  then  resumed,  and  Mr.  Steele  read  from 
the  last  mentioned  authority  an  opinion  as  to 
the  common  English  cholera,  and  Dr.  Wil¬ 
liams  expressed  his  opinion  with  qualifica¬ 
tions.  Some  persons,  he  said,  could  be  poisoned 
by  eating  crabs,  and  others  again  by  eating 
oysters,  and  the  causes  would  vary.  (Here,  Dr. 
Williams  went,  into  quite  a  lengthy  explana¬ 
tion  of  the  different  classes  of  cases.) 

Continuing — The  gullet  and  oesaphagus 
were  healthy,  with  certain  limitations,  when 
we  examined  them  at  Washington.  Mr. 
Steele  again  quoted  from  Taylor  as  to  the  evi¬ 
dences  of  poisoning  in  post  mortem  examina¬ 
tions,  and  Dr.  Williams  again  explained  at 
some  length.  Continuing — Cholera  morbus  is 
apt  to  prevail  in  Baltimore  during  the  sum¬ 
mer  months;  there  was  cholera  morbus  exist¬ 
ing  in  Baltimore  at  the  time  of  General  K.’s 
death;  1  would  not  say  it  was  prevalent.  Mr. 
Steele  now  read  from  Dr.  Williams’  testimony, 
as  reported  in  the  Gazette  of  to-day,  in  ref 
erence  to  the  post  mortem  examination,  and 
questioned  him  further  in  reference  to  what 
was  then  discovered.  Dr.  Williams  again  tes¬ 
tified  that  he  had  failed  to  discover  in  the 
lungs,  brain,  heart  or  liver,  any  evidences  of 
death  from  other  than  natural  causes. 

Dr.  Williams  was  further  examined  at  some 
length,  but  mostly  as  to  points  of  theoretical 
bearing. 

Dr.  Samuel  P.  Chew,  of  the  Maryland  Uni¬ 
versity,  was  next  called,  and  testified — I 
have  been  a  practicing  physician  for  13  years, 
and  I  have  been  Professor  of  Materia  Medic  a 
in  the  University  of  Maryland  for  V  or  S  years; 
I  was  requested  by  Dr.  Williams  to  be  present 
with  him  at  the  post  mortem  examination  of 
General  Ketchum’s  body  at  Mr.  Weaver’s,  on 
Thursday,  June  29;  Professor  Miles  made  it  in 
chief,  and  Dr.  Williams  and  I  were  present; 
we  first  examined  the  abdomnal  viscera, 
liver,  spleen  and  kidneys;  then  we  examined 


22 


THE  WHARTON-KETCHUH  TRIAL. 


the  alimentary  canal;  we  found  in  the  alimen¬ 
tary  canal  some  evidences  of  congestion,  not 
very  well  marked,  however— not  unmistak¬ 
able.  but  wo  did  not  consider  them  very  sig¬ 
nificant:  the  alimentary  canal  contained  a 
considerable  amount  of  whitish  pulpy  sub¬ 
stance,  streaked  with  bile;  also  a  scaly  sub¬ 
stance  on  the  mucus,  which,  in  health,  as  in 
doath,  is  always  scaling  oft;  after  applying 
ligatures  to  the  stomach  Dr.  Williams  and  I 
placed  it  in  a  glass  jar  which  we  had  sent  for  , 
from  Marion’s  drug  store:  it  was  capable 
of  holding  about  three  pints  of  fluid,  and  was  j 
perfectly  clean;  it  had  contained  iris  root;  | 
■we  proceeded  to  examine  the  cavity  of  the 
skull,  removing  the  cranium  and  then  the 
brain,  and  found  some  evidences  of  conges¬ 
tion  in  the  cerebral  tubes?  portions  of  brain 
and  upper  portion  of  the  spinal  column  were 
taken  away  by  Professor  Miles  for  examina¬ 
tion  with  the  microscrope;  the  congestion 
was  punctiform,  occurring  in  spots;  I  took  | 
the  jar,  tightly  corked,  to  the  chemical  labo¬ 
ratory  of  the  University  of  Maryland, 
leaving  it  under  lock  and  key;  on  the  follow¬ 
ing  day  I  went  there  to  meet  Professor  Aiken, 
and  Dr.  Miles  opened  the  stomach,  and  the 
fluid  contents  were  left  with  Prof.  Aiken  for 
examination;  I  was  present  when  the  body  was 
examined  at  Washington  on  the  13th  of  July; 
the  body  had  been  exhumed  before  our  arrival; 
we  examined  the  chest  and  removed  the  heart 
and  lungs;  they  were  found  to  be  in  a  per¬ 
fectly  healthy  condition;  we  found  no  change 
in  any  organ  which  we  thought  conld  indicate 
a  disease  sufficient  to  produce  death;  I  did  not 
attend  General  Iv.  during  his  sickness;  when 
we  opened  the  stomach  at  the  University  of 
Maryland,  there  was  some  congestion  about 
the  lower  part  of  it,  but  no  evidence  of  ul¬ 
ceration;  I  heard  the  testimony  of  Dr.  Wil¬ 
liams  as  to  the  symptoms  of  General  K.’s  sick¬ 
ness;  from  the  narration  of  these  symptoms 
as  given  by  Dr.  Williams,  and  my  own 
observations  of  the  changes  in  the  or¬ 
gans,  I  should  say  the  case  was  a 
very  obscure  one.  and  I  could  not  as 
sign  a  cause  for  death;  I  cannot  give  a  fixed 
opinion;  I  mean  an  opinion  as  an  established 
conviction  of  my  mind;  it  is  my  opinion  from 
what  I  have  heard  Dr.  Williams  narrate  ou 
this  stand,  and  from  what  I  observed  in  the 
postmortem  examinations,  that  he  did  not 
die  from  natural  causes;  the  quantity  of  tartar 
emetic  necessary  to  occasion  death  is  exceed¬ 
ingly  variable. 

Some  discussion  now  ensued  as  to  the  right, 
of  the  witness  to  give  his  opinion,  and  the 
Chief  Judge  decided  that  he  could  give  his 
opinion  when  founded  either  on  his  observa¬ 
tion  or  reading. 

Continuing— A  quantity  of  twenty  grains 
would  generally  produce  violent  symptoms, 
and  might  produce  death;  two  grains 
have  been  known  to  produce  death,  and 
half  an  ounce  not  to  produce  death; 
the  symptoms  are  various,  whether  it  acts  as 
an  irritant  on  the  bowels,  or  sedating  the 
heart,  and  thus  leading  to  venous  congestion; 
in  some  cases  there  will  be  violent  vomiting 
and  purging;  in  others,  rigidity  of  the  mus¬ 
cle  of  the  neck,  jaws,  abdomen  and  extremi- 
ti  •),  with  convulsions;  the  symptoms  may  be 


explained  by  reflected  irritation  of  the  ner¬ 
vous  system;  when  given  in  poisonous  doses 
it  produces  pain  in  the  abdomen  and  also 
burning  aud  constriction  in  the  throat:  the 
pulse  is  depressed  generally  by  the  aetiou  of 
tartar  emetic;  it  may  cause  giddiness;  I  do  not 
know  of  any  case  in  which  insensibility  was 
produced  when  giveu  in  poisonous  doses. 

The  hour  of  3  P.  M.  having  arrived,  the 
Court  adjourned  until  to-morrow  at  10  A.  M. 
The  examination  of  Dr.  Williams  was  very 
rigid,  and  doubtless  the  same  test  awaits  ail 
the  medical  witnesses  for  the  State.  Mrs 
Wharton  and  Miss  Wharton  were  calm  and 
patient,  and  soon  after  the  adjournment  of  the 
Court  left  for  their  prison  room.  Mrs.  Nugent 
was  again  present  to-day,  and  evidenced  great 
interest.  Mrs.  and  M'ss  Neilson  were  also  in 
their  accustomed  seats.  The  tedium  of  medi¬ 
cal  testimony  is  promised  for  the  next  two 
days. 


SBXTES  DAT. 

Annapolis,  Md.,  December  9, 1871. 

Now  that  the  medical  testimony  for  thf 
State  has  been  reached,  the  great  trial  is  te¬ 
dious,  aud  but  little  occurs  of  special  interest 
to  the  lovers  of  the  sensational.  The  dramatic 
incidents  of  the  case  will  be  further  narrated 
next  week,  and  then  the  testimony  will  doubt¬ 
less  be  listened  to  by  the  spectators  with  the 
same  eagerness  which  was  observable  on  tkt 
the  three  first  days. 

Mrs.  Wharton,  with  her  daughter  and  thf 
ladies  who  have  constantly  accompanied  her 
was  present  promptly  to-day.  Miss  Boss 
Potts,  of  Washington,  was  also  present  with 
her  within  the  bar  of  the  Court. 

Upon  the  opening  of  the  Court  Dr.  Samue' 
C.  Chew  was  recalled  to  the  witness  stand  aut 
testified  :  In  my  opinion,  from  the  symptom: 
of  General  Iv’s  case,  as  narrated  by  Dr.  Wil 
liams,  and  from  what  I  observed,  the  case  wa; 
not  one  of  poisoning  by  opium  ;  I  did  not  fine 
any  indications  of  Bright’s  disease. 

A  tumbler  was  given  to  me  by  Mrs.  Loney 
on  the  evening  of  Wednesday,  June  23,  coa 
taining  a  sediment,  in  the  house  of  Mrs 
Wharton  ;  the  sediment  was  a  whitish  de 
posit,  and  somewhat  moist;  I  carried  tin 
glass  home  with  me  aud  lock, 
ed  it  up  in  a  medical  case| 
on  the  30th  of  June  I  carried  that  tumbler  t<j 
Prof.  Aiken,  and  delivered  it  to  him  in  tin 
laboratory’  of  the  University  of  Maryland;  oi^ 
my  way  1  stopped  at  the  house  of  a  rnedica. 
friend  and  we  had  a  conversation.  [Mr.  Had 
ner  here  interrupted  the  witness  and  he  die 
not  relate  the  conversation.]  Continuing— J 
tasted  a  very  small  fragment  of  the  sedimeut 
it  had  a  slightly  acrid  taste;  I  applied  no  fur 
ther  test;  tartar  emetic,  in  substance  or  it 
concentrated  solution,  has  an  acrid  taste,  ami 
the  books  say  a  metallic  taste;  I  have  neve 
noticed  that  it  had  a  metallic  taste;  chlo 
roform  is  administered  for  the  purpose 
of  controlling  or  preventing  pain;  also  w 
produce  relaxation  of  muscle;  also,  to  contro, 
spasmodic  action;  those  are  the  main  purposes, 
chloral  is  not  very  new  to  chemists;  ;t  hat 
been  known  to  them  for  the  last  forty  years 


THE  WHABTON-KETCHUM  TRIAL. 


23 


jut  it  is  new  in  its  application; 
i  medium  dose  is,  I  should  say,  thirty 
'rains;  the  ordinary  dose  ranges  from  twenty 
;o  forty  grains;  it  is  administered  principally 
o  produce  sleep,  and  sometimes  to  keep  up 
;he  effect  of  chloroform;  when  it  is  adminis- 
;ered,  it  is  believed  to  undergo  a  conversion 
n  the  blood  into  chloroform;  in  the  process  of 
nakiug  chloroform,  alcohol  and  chloride  of 
ime  react  upon  each  other,  this  reaction  form- 
ug  the  chloral;  the  conversion  of  chloral  in 
lie  blood  into  chloroform  was  first  discovered 
>y  a  German  chemist;  so  far  as  I  can  judge 
torn  General  K.’s  symptoms,  as  narrated  by 
)r.  Williams,  nothing  would  have  been  bet- 
er  than  chloroform,  followed  by  chloral. 

The  witness  was  then  cross-examined  by 
Jr.  Steele — Instances  of  death  have  frequently 
iccnrred  from  the  administration  of  chloro- 
orm;  chloral  is  very  soluble;  some  cases  have 
ieen  reported  of  death  apparently  resulting 
rom  the  administration  of  chloral,  but  it  is 
onsidered  safer  than  chloroform;  some  phy- 
icians  have,  however,  expressed  the  opinion 
hat  its  use  was  dangerous,  Dr.  Smith,  of  Bal- 
imore,  among  them;  I  think  chloral  was  first 
sedin  Germany  in  1867;  it  was  used  in  this 
ountry  soon  after;  I  have  never  noticed  any 
letallic  taste  about  tartar  emetic,  but,  as  you 
ia>  imagine,  have  not  tasted  it  often; 
;  operates  by  local  irritation  and  by  absorp- 
iou;  it  is  generally  absorbed;  after  absorption 
would  probably  be  carried  chiefly  to  the 
ver,  and  might  be  found  there  unless  elimi- 
ated  by  the  kidneys;  the  elimination  is  very 
apid;  it  has,  however,  been  found  in  the  liver 
rhen  administered  some  time  before  death, 
ud  may  also  be  found  in  the  kidneys;  the  tar- 
ir  emetic  found  in  General  K.’s  stomach  was 
ot,  in  my  opinion,  the  cause  of  death;  in  the 
rocess  of  absorption  tartar  emetic  passes 
!so  into  the  blood,  and  it  might  be  found 
iere;  the  authorities  say  it  is  most  likely  to 
sfoundiu  the  liver;  it  might  also  be  found 
i  rhe  lungs  or  the  alimentary  canal; 

>  the  post  mortem  examination  the  liver 
id  lungs  appeared  to  the  unaided  eye 
1  be  perfectly  healthy;  Orfila  says  he 
id  observed  a  decided  effect  upon  the 
ngsof  dogs  from  tartar  emetic;  cases  have 
'en  reported  in  which  the  system  tolerates  a 
pry  large  dose;  it  was  given  by  Kazori  and 
mnecke  in  doses  amounting  to  30  grains  and 
awards  iu  24  hours;  it  is  used  less  now  in 
leumonia  than  formerly,  and  has  not,  within 
y  medical  experience,  been  considered  as 
iving  any  specilic  influenceover  pneumonia; 
was  used  formerly  in  large  doses,  with  the 
ew  of  checking  the  inflammatory  process;  it 
now  given  in  small  doses,as  a  sedative  to  the 
■art,  and  as  an  expectorant;  from  the  syrup- 
ms  alone, as  narrated  by  Dr.  Williams, I  would 
it  say  that  death  had  resulted  from  other 
an  natural  causes ;  the  opinion  I  expressed 
sterday  was  formed  from  the  narration  by 
Williams  of  the  symptoms,  taken  in  con- 
ction  with  the  post  mortem  observations 
aich  I  made;  my  opinion  that  General 
jitehum  did  not  die-from  natural  causes  was 
fmed  from  the  fact  that  at  the  post  mortem 
j)  found  iu  no  organ  such  changes  as  would 
ve  produced  death  ;  there  was  not,  as  far  as 
mow,  any  analysisdnade  of  the  liver  or  kid¬ 


neys  ;  there  is  a  striking  similarity  between 
some  of  the  symptoms  of  poisoning  from  tar¬ 
tar  emetic  and  of  cholera  morbus  ;  there  are 
no  symptoms  exclusively  and  invariably  at¬ 
tending  upon  poisoningfrom  tartar  emetic;  the 
symptoms  of  poisoning  from  opium  are  very 
much  more  uniform,  but  they  may  vary  in 
some  respects;  I  do  not  remember  seeing  con¬ 
vulsions  from  opium  poison,  hut  I  knowfrom 
my  reading  that  convulsions  ,  may  occur  in 
opium  poisoning;  it  is  common  to  administer 
opium  by  injection  beneath  the  skin;  the  same 
process  can  he  used  with  tartar  emetic,  but 
tartar  emetic  is  not  used  medicinally  in  that 
way:  the  post  mortem,  taken  alone,  did  not 
bring  my  mind  to  the  opinion  that  General 
Ketchum  died  from  other  than  natural  causes; 
tartar  emetic  causes  the  pulse  to  become 
weaker  on  account  of  irs  sedative  action  upon 
the  heart,  and  it  may  make  it  more  frequent, 
but  I  question  whether  it  makes  it 
fuller;  there  are  three  doors  to  th9 
labratory  of  the  University  of  Maryland, 
in  which  I  left  the  jar  containing 
the  stomach  of  General  Ketchum;  the  chemical 
hall  is  the  same  as  the  laboratory;  the  keys  are 
kept  by  Professor  Aikiu;  I  do  not  know  that 
there  are  any  duplicates  of  the  keys,  except 
those  kept  by  the  janitor;  but  it  is  my  opiuioa 
there  are  not. 

Dr.  Chew  now  drew  a  sketch  of  the  labora¬ 
tory  of  the  University  of  Maryland,  and  ex¬ 
plained  it  at  some  length  to  the  jury. 

Continuing— I  put  the  jar  upon  the  large 
table  in  the  laboratory;  I  called  the  jauitor, 
and  in  that  way  got  access  to  the  room;  the 
jar  was  not  sealed,  but  was  corked;  the  cork 
could  have  been  extracted  without  difficulty;  I 
did  not  observe  particularly,  except  that 
it  was  a  clean,  white  jar;  not  a  green 
bottle'  jar,  according  to  my  recollec¬ 
tion;  I  suppose  it  was  about  3  P.  M. 
when  I  left  the  jar  there;  rather  before 
than  after  3;  I  made  an  appointment  with 
Prof.  Aikiu  to  meet  him,  Drs.  Williams  and 
Miles  there  in  the  afternoon  of  the  30th  of 
June;  we  met  about  5  o’clock;  I  did  nod  ob¬ 
serve  the  glass  with  enough  particularity  to 
say  whether  or  not  it  was  of  the  kind  in  the 
manufacture  ot  which  lead  is  used:  I  think 
only  the  membranes  of  the  upper  part  of  the 
spinal  column— about  two  inches  in  extent — 
were  examined  at  the  post  mortem;  the  ner¬ 
vous  centres  were  examined  more  particularly 
by  Prof.  Miles;  I  think  there  may  be  symptoms 
during  life  referable  to  congestion,  and  yet  no 
evidences  of  congestion  discovered  at  a  post 
mortem  examination;  on  the  2fth  of  June 
last  the  weather  was,  according  to  my  recol¬ 
lection,  very  warm;  I  do  not  remember  any 
special  prevalence  of  cholera  morbus  at  that 
time  in  Baltimore. 

Mr.  Steele— “If  a  man  about  60  years  of  age, 
after  going  a  good  deal  about  the  city  of 
Washington  during  the  day,  drank  a  good 
deal  of  ice-water,  and  ate  a  hearty  meal, would 
you  say  that  he  would  be  specially  subject  to 
cholera  morbus?” 

Mr.  Syester  objected,  and  Mr.  Steele  said  he 
wouid  postpone  the  question. 

Continuing— Malarial  fever  generally  begins 
to  show  itself  about  that  time  (June  24),  and 
increases  as  the  summer  advances;  malaria  is 


24 


THE  WE  A  R  TON-KETCIIUM  TRIAL. 


supposed  to  be  an  emanation  from  decomposi¬ 
tion  of  vegetables,  etc.;  we  know  nothing  of 
it  except  from  its  effect. 

Mr  Steele — “Medical  science  is  progressive, 
is  it  not?” 

Dr.  Chew — “I  think  so.” 

Mr  Syester — “I  hope  there  are  some  things 
which  are  certain  in  the  practice  of  medi¬ 
cine?” 

Dr.  Chew — “I  think  there  are  some  things 
iD  it  absolutely  certain.” 

Mr.  Steele — "Even  lawyers  differ.” 

Mr.  Syester— “Not.  in  all  things.” 

Mr.  Steele — “Well,  to  make  it  stronger,  even 
clergy  differ,  very  decidedly. 

Mr.  Syester  now  cross-examined  the  witness 
and  he  testified — Our  knowledge  of  malaria  is 
based  only  upon  its  effects;  I  put  a  very  small 
fragment  of  the  sediment  in  the  tumbler  in 
my  mouth,  and  it  tasted  acrid  as  it  dissolved; 
Dr.  Smith  has,  I  think,  expressed  an  opinion 
upon  the  danger  of  using  chloral;  if  tartar 
emetic  was  administered  through  the  skin  it 
would  not  be  likely  to  be  found  in  the 
stomach,  but  it  would  affect  the  stomach.  Mr. 
Syester  proceeded  to  read  from  Beck’s  Medical 
Jurisprudence,  vol.  II,  about  the  effects  of 
tartar  emetic  totesttheopinion  of  the  witness. 

Con  tinning — There  are  differences  in  the 
symptoms  of  a  patient  laboring  from  an  over¬ 
dose  of  opium  and  one  laboring  from  an  over¬ 
dose  of  tartar  emetic;  when  the  stomach  was 
delivered  to  Dr.  Aikiu  the  ligatures  were  not, 
changed;  I  found  everything  precisely  on  Fri¬ 
day  as  when  I  bad  left  it  there  on  .Thursday; 
congestion  sometimes  accompanies  paralysis 
or  apoplexy,  but  in  the  sense  I  attach  to 
apoplexy  I  do  not  think  congestion  causes 
apoplexy:  the  name  of  the  janitor  is  Peter 
Smith.  Mr.  Eevell  requested  a  subpeeua  to  be 
issued  for  Peter  Smith,  audit  was  issued  at 
once  by  the  Clerk. 

Mr.  Thomas  now  read  to  the  witness  from 
Taylor  on  Poisonings,  to  the  effect  that  con¬ 
vulsions  sometimes  ensue  after  the  taking  of 
an  overdose  of  laudanum,  and  the  witness 
agreed  to  the  opinion. 

Professor  F.  T.  Miles  was  next  sworn,  and 
testified— I  reside  iu  Baltimore;  I  have  been  a 
practicing  physician  20  years;  I  am  now  Pro¬ 
fessor  of  Auatomy  and  Clinical  Professor  of 
Nervous  Diseases  iu  the  University  of  Mary¬ 
land;  I  was  for  six  or  eight  years  Professor  of 
Anatomy  iu  the  Medical  College  of  South  Car¬ 
olina;  on  the  28t,h  of  June  I  was  called  upon 
by  Professor  Chew,  and  was  requested  to  as¬ 
sociate  myself  with  him  and  Dr.  Williams  in 
the  examination  of  the  body  of  General  K., 
who  he  told  me  bad  died  under  suspicious  cir¬ 
cumstances;  we  went  about  11  o’clock  the 
next  day  to  Weaver’s;  the  general  appearance, 
of  the  body  was  that  of  rigidity;  there  were 
red  marks  on  the  side  of  the  neck 
and  over  the  belly;  they  looked  as  if  they  had 
been  scored  by  the  finger  nails;  we.  opened  the 
abdominal  cavity,  took  out  the  liver,  cut  it 
into  pieces,  and  examined  it;  we  took  out 
pieces  of  the  intestine,  which  we  slit  open, 
washed  and  held  up  to  the  light;  I  selected 
pieces  which  showed  a  red  tinge  externally, 
marking  that  they  were  coujested,  of  which 
many  patches  appeared  along  the  intestine 
canal,  and  presenting  the  appearances  I  have 


always  fonnd  in  the  intestine  where  the  mu¬ 
cous  membrane  has  beefi  highly  irritated;  in 
the  intestine  was  a  whitish,  pulpy  sub¬ 
stance,  which  we  found  along  the  track 
of  the  intestine,  inside;  with  the  assist¬ 
ance  of  Dr.  Williams  or  Chew  the  stom¬ 
ach  was  tied  at  its  two  extremities,  and 
so  removed;  the  spleen  was  examined,  also 
the  kidneys,  taking  each  out  and  making  a 
careful  examination  with  the  naked  eye;  the 
brain  was  next  examined;  we  cut  through  the 
scalp,  which  was  not  tinged  with  blood,  re¬ 
moved  the  top  of  the  skull,  first  exposing  the 
outer  membrane  of  the  brain;  I  examined  the 
membrane  for  congestion,  hut  found  no  mark 
of  •congestion;  the  popular  name  of  the  outet 
membrane  is  dura  mater:  that  membrane  is 
connected  by  veins  with  the  brain:  upon  tile 
removal  of  the  dura  mater  the  brain  with  its 
other  membranes  was  exposed,  and  here  the 
appearance  of  venous  congestion  showed  it¬ 
self,  the  veins  of  these  membranes  covering 
the  brain  being  filled  with  dark  blood;  there 
was  no  cereous  fluid  under  these  mem 
branes,  the  brain  was  then  taken  from 
the  cavity  of  the  skull,  and  examined  partic¬ 
ularly  as  to  the  arteries  which  supply  it.  and 
the  substance  of  the  brain  itself;  I  carefully 
cut  iuto  aud  dissected  the  brain,  and  through¬ 
out,  on  the  cut  surfaces,  found  those  dark- 
points  of  blood  which  indicate  passive  con-' 
gestion — that  is,  the  veins  were  filled  with 
blood;  in  the  two  lateral  cavities  of  the  brain 
(lateral  ventricles)  there  was  no  nnusua) 
amount  of  fluid,  nor,  indeed,  iu  the  other  ven¬ 
tricle:  without  opening  the  spinal  caual,  I  cut 
out  about,  two  inches  of  the  upper  extremity 
of  the  spinal' cord,  which  presented  nothing 
abnormal;  I  examined  the  membranes  at  tin 
upper  part  of  the  spinal  cord  to  see  if  there  was 
any  effusion  of  fluid  around  the  spinal  cori 
more  than  normal;  there  was  none 
the  stomach  was  placed  in  a  glass  jar,  willed 
had  been  sent  for  frout'Marion’s  drug  store;  it 
was  corked  tip  and  delivered  to  Dr.  Chew;  1] 
saw  it  the  next  day  at  the  Laboratory  of  tin 
University  of  Maryland;  I  took  it  out  and  ex¬ 
amined  it;  it  appeared  to  me  to  be  in  the,  ideu 
t.ical  condition  in  which  it  was  placed  in  tin! 
jar;  we  did  not  examine  at  Mr.  Weaver’s  the 
orgaus  of  the  chest;  I  went  to  Washingtoi 
with  Drs.  Chew  and  Williams,  and  examiner 
the  organs  of  the  chest;  taking  them  out,  1 
laid  them  on  a  hoard,  and  observed  them  par] 
ticularly;  I  opened  the  four  cavities  of  til- 
heart  to  see  that  the  valves  were  iu  a  perfecj 
state;  the  lungs  were  examined  by_  toucll 
aud  cutting  into  them;  they  appenreni 
perfectly  healthy;  the  heart  was  perl 
fectly  healthy;  I  found  the  liver  norj 
mal — no  martc  of  disease;  nothing  that 
showed  a  diseased  condition  of  it;  the  open' 
mg  of  the  stomach  at  the  laboratory  was  in 
the  presence  of  Drs.  Aikin,  Chew,  William! 
and  myself;  we  first  poured  out  about  threj 
ounces  of  opaque  brownish  fluid;  the  interio 
of  the  stomach  presented  nothing  ven 
marked;  the  portion  most  dependent  presented 
a  dull  reddish  col  'r;so  far  as  my  post  mortem  ex 
amimation  went.it  devolved  no  cause  of  deatl 
from  natural  causes;  from  the  narration  oi 
General  K.’s  symptoms  and  what  I saw  at  the 
post  mortem  examination,  my  opinion  is  tka 


( 


THE  WHARTON- KETCHUM  TRIAL. 


25 


Gen.  K.  did  not  die  from  natural  causes:!  have 
had  a  good  deal  of  experience  in  post  mortem 
examinations,  but  none  in  cases  of  death  from 
chole-a  morbus;  apoplexy,  in  the  ordinary  ac¬ 
ceptation  of  the  English  term,  would  have 
implied  a  clot  of  blood  in  the  brain;  no  such 
clot  was  found;  some  writers  distinguish  a 
serous  apoplexy;  I  did  not  find  that  form;  I 
have  never  examined  the  brain  of  any  one 
who  had  died  from  an  overdose  of  laudanum; 
active  congestion  would  almost  always  leave 
traces  in  the  braiu,  discoverable  either  to  the 
naked  eye  or  microscope;  I  found'  no  such 
traces;  I  deemed  the  examination  of  two 
inches  of  the  spinal  cord  sufficient,  after 
learning  a  detail  of  the  symptoms  from  Dr. 
Williams;  I  never  made  a  post  mortem  exam¬ 
ination  of  a  person  who  had  died  from 
an  overdose  of  tartar  emetic;  I  would  ex¬ 
pect  more  pain  •  in  the  irritant  poison  of 
tartar  emetic,  and  a  more  powerful  de¬ 
pressing  effect  upon  the  heart  than 
in  cholera  morbus;  I  have  never  seen  a 
person  die  from  cholera  morbus;  Niemyer,  a 
very  high  authority,  says  it  is  rarely  fatal 
except  in  cases  of  children  or  old  persons;  I 
think  the  symptoms  narrated  by  Dr.  Wil¬ 
liams  and  the  observations  I  made  of  the  body 
of  Gen.  Ketchum,  did  not  indicate  death  from 
an  overdose  of  laudanum. 

The  witness  was  now  turned  over  to  the 
defence  and  Mr.  Steele  proceeded  to  cross- 
examine  him.  Continuing — An  overdose  of 
tartar  emetic  would  produce  vomiting,  purg¬ 
ing  and  pain;  the  tartar  emetic  found  in  Gen. 
Ketchum’s  stomach  could  not  have  produced 
death;  it  _  operates  by  absorption;  we 
would  find  it  in  the  tissues  generally, 
the  liver  and  kidneys,  when  absorbed: 
there  was  no  analyis  made  as  far  as  I 
know  of  the  tissues,  liver  or  kidneys;  I 
examined  pieces  of  the  brain  by  the  micro¬ 
scope  at  my  house;  if  antimony  had  been 
given  General  Ketchum  and  absorbed,  I  pre¬ 
sume  it  could  have  been  found  by  a  proper 
analysis  of  his  liver  or  kidneys;  I  could  not 
say,  from  the  symptoms  narrated  by  Dr.  Wil¬ 
liams,  what  was  the  cause  of  death;  the  nega¬ 
tive  evidences  of  the  post  mortem  examina¬ 
tions  would  not  alone  be  sufficient  upon 
which  I  could  base  an  opinion  as  to  the  cause 
pf  death;  they  did  not  disclose  a  cause  of  nat¬ 
ural  or  unnatural  death;  I  cannot  recall  any 
liases  reported  of  death  from  nervous  func¬ 
tional  disorders  which  were  diseased  condi¬ 
tions,  and  were  not  discoverable  by  a  suffi¬ 
cient  post  mortem  examination;  death  might 
;esult  from  the  effects  of  malaria  and  no  obvious 
Causes  be  discoverable  after  death;  I  have  had 
‘io  experience  in  cases  of  poisoning  from  tartar 
imetic;  Orfila  speaks  of  tartar  emetic  having 
t  marked  effect  upon  the  lungs  of  dogs  and  a 
omewhat  similar  effect  upon  the  human  lungs; 
exceptional  cases  of  convulsions  from  opium 
wisoning  are  reported;  I  have  no  knowledge 
'f  a  peculiar  type  of  disease  being  in  Wash- 
ngton  at  the  time  of  General  Ketchum’s 
leath;  cases  of  death  from  the  administration 
f  chloroform  occur;  I  can  recall  but  one  or 
wo  physicians  who  think  the  use  of  chloral 
Langerous. 

|  Re-examined  by  Mr.  Syester— There  are 
j  ases  reported  of  a  half-hour  or  more  before 


the  effects  of  tartar  emetic,  after  being  intro¬ 
duced  into  the  stomach,  are  observable;  the 
usual  time  is  very  much  less  than  half 
an  hour;  30  grains  of  chloral  is  a  moderate 
dose;  I  have  given  as  much  as  60  grains; 
without  pledging  myself  to  do  it  under  the 
same  circumstances,  I  see  nothing  improper 
in  Dr.  Williams’  having  administered  chloral 
and  chloform  to  General  Ketchum;  Taylor  de¬ 
scribes  tartar  emetic  as  producing  convulsive 
movements;  rigid ty  of  the  limbs  aud  muscles 
about  the  neck  and  jaw  is  also  spoken  of;  also 
a  burning  sensation  about  the  throat  or  the 
pit  of  the  stomach;*  some  authors  report  the 
appearance  of  the  face  as  livid,  and  some  as 
pale,  but  of  the  latter  I  am  not  sure;  there  are 
cases  reported  of  death  iu  which  lesions  were 
not  discoverable  by  post  mortem  examinations. 

Professor  Wm.  E.  Aikin  was  now  called,  and 
testified— I  reside  in  the  city  of  Baltimore, 
and  am  by  profession  an  analytical  chemist; 
I  have  been  since  1837  Professor  of  Chemistry 
in  the  Maryland  University;  I  was  called  upon 
by  Professors  Chew  aud  Miles,  I  think  on  the 
30th  of  June  last,  aud  given  a  glass  jar  con¬ 
taining  the  stomach  of  Gen.  K.;  I  understood 
the  request  was  to  ascertain  if  anything  was 
there  of  a  poisonous  character;  my  idea  was 
that  I  was  called  upon  as  a  chemi¬ 
cal  expert  to  satisfy  myself  if  there 
was  anything  injurious  in  the  stomach; 
I  was  to  •  use  all  the  appropriate  tests 
that  would  lead  me  to  a  certainty;  that  I  un¬ 
derstand  to  be  the  duty  of  a  chemical  expert 
at  all  times;  before  beginning  such  work  a 
chemical  expert  always  seeks  for  something 
to  guide  his  researches;  the  symptoms  of  the 
case  are  all  important  as  determining  him 
what  he  shall  search  for;  I  was  governed  by 
the  information  I  received  from  the  medical 
gentlemen  who  wait-ed  upon  me;  from  some 
circumstances  the  idea  of  strychnine  was  pre¬ 
sented  to  me.  and  from  other  circumstances 
the  idea,  of  arsenic;  those  two  things  were 
mentioned  before  I  proceeded  to  make  any  in¬ 
vestigation,  and  to  the  best  of  my  knowledge 
nothing  else;  I  proceeded  to  the  work,  the 
jar  having  been  handed  me  by  one  of  the 
three  gentlemen;  the  stomach  was  un- 
open  when  removed  from  the  jar;  it  was 
placed  on  a  clean  plate;  Dr.  Miles  made  an  in¬ 
cision  and  poured  out  the  contents  into  a 
beaker  glass  which  I  held  to  receiveit;  the  plate 
and  beaker  glass  were  perfectly  clean;  no  pos¬ 
sibility  of  extraneous  substance;  the  fluid 
poured  into  the  glass  measured  within  a  few 
drops  of  four  fluid  ounces;  the  stomach  was 
tied  at  both  ends  when  taken  from  the  jar;  I 
then  proceeded  to  examine  that  fluid — a  turbid 
brownish  fluid;!  first  examined  forthe  presence 
of  strychnia  and  failed  to  find  any  traces  at 
all;  from  what  I  had  learned  of  the  symptoms 
there  was  reasonable  ground  to  suspect  the 
presence  of  strychina;  the  particular 
reason  for  that  was  the  spasmodic 
symptons  as  detailed  to  me  by  Dr. 
Williams;  to  determime  the  presence  of 
strychpia  in  organic  masses,  advantage  is 
taken  of  certain  properties  which  strychnia 
possesses;  strychnia,  or  strychnine,  are  vege 


*  Grisolle  says  tatar  emetic  in  poisonous  doses  pro¬ 
duces  vertigo,  spasms,  convulsions  and  syncope. 


26 


THE  WHARTON-KETCHUM  TRIAL. 


table  alkalies,  and  will  unite  to  form  a  defi¬ 
nite  compound,  which  chemists  call  salts;  I 
added  tartaric  acid,  using  enough  to  insure  a 
surplus  of  the  acid;  the  acid  I  employed  would 
necessarily  unite  with  any  strychnia  present, 
and  give  a  compound;  knowing  that  that 
compound  is  soluble  in  alcohol. I  added  a  large 
quantity  of  alcohol  to  this  mass  I  was  exam¬ 
ining.  trusting  to  get  a  solution  of  any  strych¬ 
nia  compound  which  might  be  present;  then 
by  filtering,  I  separated  the  alcoholic 
liquid  from  the  insoluble  matter, 
and  by  evaporating  the  alcohol  ob¬ 
tained  a  small  quantity  of  solid  matter,  which 
was  then  treated  with  water  to  remove  every¬ 
thing  soluble  which  water  would  dissolve,  and 
adding  to  the  filtrate  a  large  bulk  of  sul¬ 
phuric  ether;  I  then  added  bi-carbonate  of  soda 
to  neutralize  any  free  acid,  decomposed  the 
strychnia  saltz  and  set  free  the  pure  strychnia, 
if  any  was  present;  the  object  was  to  get  an 
etherial  solution;  by  the  spontaneous  evapor¬ 
ation  of  that  ether  there  would  be  left  behind 
in  a  solid  state  any  strychnia  which  had  been 
in  solution;  in  my  case  the  evaporation  of  the 
ether  gave  me  no  crystalline  residue;  no  visi¬ 
ble  residue,  except  a  few  points  of  what  np- 

eared  to  he  fatty  matter;  as  strychnia  would 

ave  been  necessarily  left,  I  concluded  that 
no  strychnia  was  there;  the  negative  proof 
was  to  me  conclusive. 

The  Court  now  adjourned  until  10  A.  M. 
Monday,  when  the  examination  of  Dr.  Aikin 
will  be  resumed. 

Information  was  received  to-day  of  the 
death  of  Mr.  Ezra  Sheckels,  the  father  of  one 
of  the  jurors,  from  old  age,  and  also  of  the 
death  last  night  of  Mrs.  Beard,  the  mother  of 
one  of  the  jurors  in  this  case. 


SEVENTH  DAY. 

Annapolis.  Md„  December  11, 1S71. 

The  Ketchnm-Wharton  trial  is  still  tedious, 
and  promises  to  continue  at  least  ten  days 
longer.  The  interest  of  the  public  in  the  pro¬ 
ceedings  seems  but  little  abated,  and  rhe 
court  room  is  crowded  daily.  A  larger  num¬ 
ber  of  witnesses  for  the  defence  were  present 
to-day  than  upon  any  previous  day.  It  is 
supposed  that  the  testimony  for  the  State  will 
be  concluded  on  Wednesday,  but,  much  time 
will  be  consumed  in  argument  upon  the  ques¬ 
tions  of  the  admissibility  of  evidence.  Mrs 
Wharton  appeared  calmer  to  day,  and  all  the 
ladies  with  her,  includingherdanghter.  seemed 
iu  better  spirits  than  on  any  previous  day  of 
the  trial. 

Soon  after  the  opening  of  the  Court,  Dr. 
Aikin  was  re-called  to  the  witness  stand,  and 
testified: 

After  concluding  my  examination  for 
strychnine,!  next  proceeded  to  examine  for  the 
presence  of  arsenic;  the  material  that  I  had  to 
work  with  included  everything  originally 
present,  and,  in  addition,  those  reagents,  or 
some  of  them,  which  I  had  added  in  the  search 
for  strychnine;  nothing  was  removed  but  what 
could  have  been  dissolved  by  ether;  the  mate¬ 
rials  I  used  were  tartaric  acid  in  the  first  in¬ 
stance,  and  in  the  second,  bicarbonate 
of  soda  in  the  search  for  stryehinia ;  they  left 


a  residuum  of  tartrate  of  soda  with  an  excess 
of  the  bicarbonate:  these  substances  I  knew 
could  not  have  contained  any  arsenic,  other¬ 
wise  1  would  never  have  been  sure  of  iuy  re¬ 
sults  ;  with  that  material  so  made  up.  I  began 
the  search  for  arsenic;  I  mixed  all  the  resi¬ 
due  and  divided  it  into  two  parts;  one  part  I 
put  into  an  evaporating  dish  and  added  strong 
hydrochloric  acid,  called  also  muriatic  acid; 
I  digested  that,  adding  occasionally  some  crys¬ 
tals  of  chlorate  of  potash,  the  object  being  to 
break  up  and  disorganize  any  organic  matter 
which  might  be  present;  when  all  traces  of 
organic  matter  had  disappeared  I  had  a  clear 
.yellow  fluid  resulting;!  passed  that  through  a 
-filter,  and  washed  it  with  distilled  water  until 
1  had  about  a  half  pint  of  liquid  filtered  from 
this  material;  1  placed  it  in  a  glass  and  passed 
through  it  a  stream  of  sulphuretted  hydrogen 
gas;  the  sulphuretted  hydrogen  used  was 
washed  by  passing  it  previously  through  water; 
I  used  a  washing  bottle,  knowing  that 
the  arsenical  matter,  if  present,  was 
not  likely  to  be  there  in  the  con¬ 
dition  of  white  arsenic,  hut  was  most,  likely  to 
have  been  converted  into  arsenic  acid,  a  dif¬ 
ferent  compound;  in  order  to  insure  the  action 
of  the  sulphuretted  hydrogen,  I  applied  heat 
to  the  vessel  containing  the  material,  this 
suspected  matter;  while  the  gas  was  passing 
through  I  had  the  temperature  raised  and 
then  let  it  stand  to  cool;  after  standing 
twenty-four  hours  at  rest  I  again  used  sul¬ 
phuretted  hydrogen  gas,  and  again  let  it, 
stand  some  twenty-four  hours  for  the  precipi¬ 
tate  to  subside;  1  then  separated  by  filter  the 
preciptate  which  bad  collected;  it  was  of  a  dark 
coior,brownisli;Ithen  examined  the  precipitate 
to  ascertain  wbat  it  was;  if  arsenic  had  been 
present  it  would  have  been  a  compound  of  ar-i 
senic  and  sulphur;  the  color  was  not  that  I 
would  have  suspected  in  the  arsenical  com¬ 
pound;  I  examined  by  one  simple  inquiry, 
knowing  the  extreme  solubility  of  the  sal-' 
phide  of  arsenic  iu  ammonia;  I  tried  it  inspir¬ 
its  of  ammonia;  its  action  was  so  trilling  that 
it  dissolved  so  sparingly  I  was  satisfied  it: 
could  not  be  arsensical;  that  fiuishedi 
my  inquiry  for  arsenic;  I  set  the 
precipitate  aside  and  reverted  to  the 
other  portion  of  the  original  material  which; 
had  not  been  used  iu  the  arsenic  process:  thel 
color  I  had  obtained,  and  its  solubi)it3T  in  am-f 
monia  by  that  process,  gave  mb  good  ground^ 
to  believe  that  a  very  different  substance  ex-< 
isted;they  agreed  with  another  known  sub-j| 
stance,  leading  me  to  suspect  that  antimony 
was  present;  the  action  of  sulphuretted  hydro-1 
gen  on  solutions  of  metallic  compounds  is; 
used  to  separate  metals  into  groups,  and,  in, 
this  case,  two  groups  would  have  been — those! 
which  give  dark  or  black  sulphides,  on 
those  which  give  bright  sulphides;  therefi 
could  .not  be  present  any  metal 
which  forms  a  black  sulphide.or  my  precipi  fata , 
would  have  been  black:  the  only  metal  which 
could  give  a  result  anything  like  what  I  ob¬ 
tained  was  antimony,  and  for  that,  reason  I 
was  led  to  search  next  for  antimony:  the  prosn 
ence  of  antimony  is  established  by  obtaining! 
two  or  three  results;  these  results  1  call  char) 
acteristic— that  is,  they  are  not  compatible); 
with  the  presence  of  any  other  metals;  the  mw 


THE  WHARTON-KETCIIUM  TRIAL. 


27 


oaent  I  began  to  search  for  antimony 
[  had  these  resuits  in  my  mind,  and  my 
ibject  was  to  ascertain  if  I  could  get 
;hese  results  from  this  material;  the  results 
>vould  be  au  orange  red  sulphide  of  antimony; 
;hat  this  orange  red  is  soluble  in  strong  boil- 
ng  muriatic  acid;  that  acid  solution  dropped 
nto  water  gives  a  white  precipitate;  there  are 
>ther  metals  which  will  give  a  white  precipi¬ 
tate,  but  the  white  antimonial  precipitate  is 
nade  orange  red  by  sulohide  of  ammonium;  if 
t  be  anything  else  giving  the  same 
ivhite  it  would  be  made  dark  by  the  same; 
my  substance  which  under  my  examination 
vould  give  me  the  orange  precipitate,  the 
olution  of  that  in  muriatic  acid,  the  white 
iroduct  on  the  addition  of  water  and  the  re¬ 
appearance  of  the  orange  red  when  sulphide 
if  ammonium  was  last  added,  must  contain 
ome  antimonial;  I  don’t  know  any  one  thing 
xcept  an  antimonial  which  could  give  those 
Jesuits,  and  as  I  got  all  those  results  in  this 
use  from  that  portion  which  I  examined  I 
ould  not  entertain  a  shadow  of  doubt  as  to 
he  presence  of  antimony;  I  took  the 
ortion  of  the  material  not  used  in  the 
'irsenical  process,  added  to  it  an  excess  of 
artaric  acid,  filtered  it,  and  examined  the 
ltrate  with  sulphurated  hydrogen;  I  got  an 
.bundant  brownish  red  precipitate;  red  brown 
nd  brownish  red  wil  1  convey  the  idea;  I  used 
lie  sulphurated  hydrogen  just  as  I  have  de- 
iribed  in  the  other  case;  there  was  no  necessity 
>r  destroying  the  organic  matter,  and  I  did  not 
se  muriatic  acid  and  chlorato  of  potash;  the 
recipitate  I  got  when  separated  and  dried 
ras  dissolved  in  muriatic  acid;  I  did  not  use 
mriatic  acid  in  preparing  the  material;  the 
ydrochoric  solution  dropped  into  water  gave 
ie  a  white  precipitate;  that  white  pre- 
ipitate  became  orange  red  when  treated 
i’ith  sulphide  of  ammonium;  it  was 
ilnblein  a  solution  of  tartaric  acid;  that  com- 
leted,  all  that  was  necessary  to  satisfy  me 
lat  I  had  been  dealing  with  some  prepara- 
on  of  antimony;  I  know  nothing  that  could 
ive  produced  those  results  except  some  prep- 
’ation  of  antimony;  as  the  only  corn- 
mud  of  antimony  used  in  commerce  is 
rtar  emetic,  the  overwhelming  probabili¬ 
ty  were  that  it  was  tartar  emetic;  the  only 
utainty  with  me  was  that  antimony  was 
feesent;  tartar  emetic  is  the  only  prep- 
ation  of  antimony  I  am  acquainted 
ith  as  an  ordinary  article  of  commerce;  the 
nount  of  antimony  present  I  could  only  ap- 
oximate;  my  attention  was  not  directed  so 
uch  to  the  amount  as  to  the  character  of  an- 
nony  present;  I  have  never  attached  any 
lportauce  at  all  to  the  question  how  much 
is  found  in  the  stomach,  except  in  cases  in 
lick  things  might  accidentally  get  into  the 
imach  are  present  in  very  minute  quantities; 
e  question  of  quantity  is  important  when 
cessary  to  explain  the  presence  of  even 
nute  particles  of  a  substance  which  may 
ve  gotten  their  accidentally;  in  my  opinion 
3  quantity  present  could  not  have  been  less 
in  twenty  grains  or  more, if  you  call  the  com- 
und  tartar  emetic;  the  orange  red  sulphide  of 
tirnony  is  a  definite  compound;  in  a  given 
lght  there  will  be,  of  necessity,  a  certain 
ight  of  metallic  antimony  and  a  certain 


weight  of  sulphur;  tartar  emetic  is  equally  a 
definite  compound;  a  certain  weight  of  tartar 
emetic  must  contain  a  certain  weight  of  metal¬ 
lic  antimony  with  the  other  constituents;  then 
it  follows  that  the  metallic  antimony  present 
ln  a  c®rtain  weight  of  a  sulphide  of  antimony 
would  form  a  definite  weight  of  tartar  emetic, 
which  may  be  calculated;  that  calculation 
gives  this  result,  that  ten  grains  of  sulphide 
of  antimony  correspond  to  about  twenty  grains 
of  tartar  emetic;  if  I  decompose  exactly 
twenty  grains  of  tartar  emetic  by  means 
of  sulphurated  hydrogen.  I  would  get 
sulphide  of  antimony,  and  the  weight  of  that 
sulphide  of  antimony  would  be  about  ten 
grains;  not  exactly  as  two  to  one,  but  very 
closely;  I  would  like  to  have  it  understood 
that  nobody  ever  extracted  tartar  emetic  in 
the  form  of  tartar  emetic  from  the  stomach  of 
any  dead  person;  once  let  it  enter  into  solution, 
it  is  beyond  the  reach  of  mere  mechanical 
separation;  the  only  evidence  of  the  presence 
of  tartar  emetic  would  be  to  get  rev i deuce  of 
the  presence  of  some  antimonial  preparation; 
this  is  not  peculiar  to  antimony,  but  is  com¬ 
mon  to  all  poisons  taken  into  the  stomach;  I 
based  my  estimate  of  the  vreight  upon  obser¬ 
vation  of  the  results  of  another  exami¬ 
nation;  in  that  observation  I  was  anxious 
to  determine  the  weight  which  might  be  pres¬ 
ent  from  the  observed  weight  of  the  sulphide 
of  antimony;  it  was  by  comparing  in  my  mind 
the  quantities  gotten  in  each  case  that  I  was 
enabled  to  make  the  approximation;  in  case 
I  got  ten  grains  in  the  other  quantity  of  sul¬ 
phide  of  antimony,  and  I  thought  myself  safe 
in  assuming  that  at  least  twenty  grains  of 
tartar  emetic  were  present;  the  larger  quantity 
of  sulphide  I  obtained  from  the  stomach;  a 
tumbler  containing  a  sediment  was  given  me 
by  Dr.  Chew;  he  called  my  attention  to  the 
taste  of  th^  article;  that  was  on  the  30th  of 
June;  I  put  a  particle  in  my  mouth  and  found 
an  unpleasant,  biting,  acrid,  metallic  taste, 
which  I  did  not  think  resembled  the  taste  of 
arsenic;  to  satisfy  my  mind  I  got  a  fragment 
of  white  arsenic  and  a  crystal  of  tartar 
emetic  and  compared  the  taste  of  all  three, 
the  sediment,  the  arsenic  and  the  tartar 
emetic;  I  found  the  resemblance  was  between 
the  sediment  and  the  tartar  emetic;  that  was 
the  only  tumbler  I  ever  got  from  Dr.  Chew;  I 
was  then  satisfied  that  I  ought  to  look  for 
tartar  emetic;  the  color  of  the  sediment  was 
white,  and  the  color  of  tartar  emetic  is  white; 

I  had  in  view,  starting  with  that  idea,  to 
search  for  those  characteristics  of  anti¬ 
mony,  which  I  have  already  given,  with 
this  addition,  that  where  tartar  emetic 
is  suspected  to  be  present,  unmixed  with  or¬ 
ganic  matter,  it  has  a  certain  property  which 
will  aid  in  identifying  it;  the  property  is  that 
when  acted  on  by  a  drop  of  hydrochloric  acid 
it  gives  a  white  precipitate  which  is  soluble 
in  excess  of  the  acid;  that  experiment  satis¬ 
fied  me  that  I  ought  to  look  for  tartar  emetic; 

I  then  proceeded  to  verify,  as  far  as  I  could, 
my  suspicion  of  the  presence  of  tartar  emetic; 

I  used  the  same  means  employed  before  to  get 
the  orange  red  solution;  about  one-half  of  the 
original  quantity  was  treated  with  sulphuret¬ 
ted  hydrogen,  and  gave  me  a  precipitate  of  or¬ 
ange  red  sulphide  of  antimony;  it  was  a  direct 


28 


THE  WHABTON-KETCHUM  TRIAL. 


comparison  of  that  and  the  bulk  of  the  other 
that  authorized  me  to  determine  in  my  mind 
the  approximate  quantity  present;  the  orange 
red  preciptate  was  collected,  dried  and  heated 
with  boiling  hydrochloric  acid;  the  solution 
gave  me  a  weite  precipitate,  which  was  solu¬ 
ble  in  tartaric  acid,  and  when  treated  with  sul- 
phideof  ammonium  became  orange  red;  thence 
I  concluded  that  an  antimonial  was  necessa¬ 
rily  present;  that  furnished  the  chemical  test 
of  that  material;  in  regard  to  the  quantity,  the 
only  guide  I  had  was  acting  on  a  known 
quantity;  I  weighed  out  one  grain  of 
the  white  sediment  from  the  tumbler; 
the  '  antimony  obtained  was  in  the  shape 
of  sulphide  of  .antimony,  and  that  dried  and 
weighed  was  four-tenths  of  a  grain,  from 
which  I  inferred  that  the  tartar  emetic  present 
in  that  grain  of  white  sediment  must  have 
been  eight-tenths  of  a  grain;  if  that  was  true 
of  one  grain,  eight-tenths  of  the  sediment 
must  have  been  tartar  emetic;  in  my  judg¬ 
ment  lifteen  grains  Were,  speaking  within 
bounds,  present,  and  the  tartar  emetic  I  put  at. 
ten  grains,  desiring  to  underestimate  rather 
than  overestimate:  no  one  can  ever  sepa¬ 
rate  in  substance  tartar  emetic  after  being 
dissolved;  the  only  evidence  of  its  presence 
is  the  presence  of  an  antimonial  compound; 
when  taken  into  the  stomach  it  becomes 
mixed  with  the  organic  matter;  the  means 
employed  to  destroy  the  organic  matter  de¬ 
stroys  the  tartar  emetic,  but.  does  not  destroy 
the  antimony  which  existed  as  a  part  of  it;  it 
breaks  up  oue  compound  and  leaves  the  con- 
stitueutsof  which  that  compound  was  formed; 
I  did  not  use  all  the  processes  by  which  anti¬ 
monial  poisoning  may  be  detected;  I  used 
means  by  which  I  arrived  at  what  I  have  a 
right  to  consider* a  perfect  certainty;  the 
means  I  employed  I  learned  when  I  was  a 
student.;  they  were  then  recognized  as  reliable; 
all  the  authorities,  as  far  as  I  know,  consider 
all  the  properties  I  have  described  as 
perfectly  conclusive  as  to  the  presence 
of  antimony;  I  have  been  teaching  my  classes 
so  many  years  that  these  are  the  reliable 
methods  for  detecting  antimony  that  I  cannot 
remember  when  I  began  to  teach  them;  I  have 
practiced  medicine  only  eighteen  months;  but 
I  graduated  in  medicine. 

Mr.  Revell  now  proposed  to  ask  the  witness 
if  a  person  might  not  die  from  poisoning,  and 
the  poison  not  be  detected  in  the  stomach? 

Mr.  Steele  objected,  as  Professor  Aikiu  was 
only  a  chemical  expert  and  not  a  medical  ex¬ 
pert. 

Judge  Miller  said  the  witness  seemed  to  be 
only  a  chemical  expert,  and  that  the  question 
should  be  propounded  to  a  medical  expert. 

Mr.  Revell  desired  to  ask  the  witness  if  from 
liis  reading  and  his  knowledge  of  the  circu¬ 
lation  of  the  blood,  etc.,  he  could  answer  the 
questiou? 

Judge  Miller  requested  the  State’s  Attorney 
to  reduce  his  questiou  to  writing,  which  he 
did,  as  follows:  “Does  your  knowledge  of 
chemistry  and  of  poisons  enable  you  to  de¬ 
clare  your  opinion  whother  or  not  a  person 
may  die  of  poison,  and  yet  no  traces  of  the 
poison  be  found  in  the  stomach  after  death: 
and  whether  it  is  not  within  the  scope  of  your 


profession  to  know  and  explain  the  effect  o 
poison  in  the  human  system?” 

The  Chief  Judge  said  the  Court  did  no 
think  the  question  could  be  asked,  as  thi 
answer  of  the  witness,  already  given,  wa 
fatal  to  the  question. 

Mr.  Syester  said  he  had  supposed  tk 
question  involved  was  one  well  known  h 
science,  and  especially  to  chemical  science. 

The  witness  continued— All  the  agents 
employed  were  pure — that  is,  free  from  any 
thing  “that  could  interfere  with  the  success  o 
mv  experiments. 

Professor  Aikin  continued — The  title  of  th 
!  chair  i  hold  in  the  University  of  Maryland  i 
that  of  Chemistry  and  Pharmacy;  the  dutie 
of  my  chair  involve  a  knowledge  of  tliechemi 
cal  properties  of  medicines:  my  duty  is  t. 
teach  everything  connected  with  the  cliemica 
properties  of  medicines.  Mr.  Syester  aske< 
the  Court  if  the  latter  answers  of  the  witnes 
laid  the  foundation  for  the  question  just  rule< 
out,  and  the  Court  decided  that  they  did  uol 

The  witness  was  now  turned  over  to  the  dt 
fence,  and  Mr.  Steele  proceeded  to  cross  exam 
ine  him  :  It  was  my  intention  to  state  all  th 
processes  I  used,  but  I  remember  that  I  use. 
metallic  copper  for  arsenic,  which  gave  me  n 
resnlt ;  after  all  my  examinations, 
have  nothing  to  produce  here  i 
Court ;  the  products  were  not  preserver 
I  Mr.  Steele— “Do  you  not  know  that  iu  a  cas 
of  life  and  death  it  is  the  custom  to  preserv 
the  results  of  chemical  analysis,  and  produc 
l  them  iii  Court?” 

Prof.  Aikin  said  he  knew  of  one  instance 
but  none  in  the  case  of  antimonial  poisoning 
Continuing — I  was  born  in  1807;  I  did  not  in 
quire  what  had  been  administered  to  Genera 
Ketchum,  and  I  knew  nothing  of  his  treat 
meut;  I  had  not  heard  of  the  yellow  jasmin1 
and  the  chloral;  I  did  not  make  what  ar 
called  laboratory  notes,  but  made  memoranda 
they  were  thrown  aside  and  I  cannot  furnis 
them;  they  were  merely  aids  to  my  memory;  i 
made  a  summary  in  October  to  Mr.  Knott,  d 
a  part,  in  Baltimore,  of  the  results  d 
my  analysis;  as  soon  as  I  got  n 
suits  which  only  antimony  could  have  fui 
nished,  I  considered  my  duty  done;  I  suppose, 
evidences  which  would  admit  of  but  oue  ri 
suit  would  be  satisfactory  to  any  reasons!)! 
.  mind;  I  did  not  understand  them  to  be  cola 
1  tests;  if  I  get  a  yellow  precipitate,  it 
not  alone,  satisfactory;  lead  will  give  a  re, 
precipitate  sometimes;  I  rely  upon  the  ra 
precipitate  as  far  as  it  goes,  but  not  tin 
alone;  I  have  seen  salts  of  lead  produce  a coki 
which  might  be  mistaken  for  the  autj 
monial  red;  the  color  is  importan 
but  not  conclusive;  I  presume  i  coni 
have  gotten  metallic  antimony;  my  of 
ject  was  to  satisfy  my  mind  of  the  presence  q 
antimony,  and  I  considered  my  duty  pe 
I  formed;  I  do  not  admit  of  any  degrees  of  ce 
t.ainty:  having  been  made  certain,  I  could  n< 

!  be  made  more  certain:  I  evaporated  only  wb; 
j  passed  through  the  filter;  the  test  I  then  a 
plied  was  directed  exclusively  to  strychin 
if  laudanum  had  been  there  I  think  I  wool 
have  obtained  some  indications  of  the  pre 
J  ence  of  morphia:  I  got  no  trace  of  the  alkalol 
contained  in  yellow  jasmine;  my  work  wa 


THE  WHARTON-KETCHUM  TRIAL. 


29 


done  in  the  large  circular  room  called  the  lec¬ 
ture  room;  there  are  three  doors  to  the  room; 
anybody  in  rny  absence  can  get  into  that  room; 
when  I  lock  the  entrance  door  and  the  janitor 
cannot  get  in;  I  consider  it  necessary  only  to 
carry  oft  the  entrance  door  kcy;Ihave  no  knowl- 
jdge  of  anybody  haying  a  key,  but  I  cannot 
be  positive;  all  the  vessels  I  used  were  not 
aew;  I  think  some  of  the  glass  ware  was  new; 
[washed  all  of  them  myself;  I  used  distilled 
water  and  made  the  ordinary  examination  by 
evaporation;  incidentally  I  applied  other 
tests;  I  distilled  the  water  myself;  it  was 
hydrant  water;  the  alcohol  and  ether  I  used 
eft  no  residue  upon  evaporation;  I  examined 
:he  alcohol  with  sulphuretted  hydrogen; 
,artaric  acid  may  contain  tin,  lead,  or 
irsenic;  I  tested  it  and  knew  it  con¬ 
tained  none  of  them;  the  most  likely  impurity 
>f  bicarbonate  of  soda  is  silica;  I  examined 
werything  I  used;  arsenic  may  be  found  in 
mlphuric  acid.  The  witness  was  now  sub- 
ectert  by  Mr.  Steele  to  a  rigid  cross-examina¬ 
tion  as  to  the  tests  he  used  with  tbe  materials 
jjie  used. 

Upon  comparison  a  copy  of  Dr.  Aikin’s  re¬ 
tort  of  this  analysis,  which  Mr.  Thomas  said 
le  had  obtained  from  Mr.  Knott,  was  found 
o  vary  from  a  paper  in  the  hands  of  Mr. 
level!.  The  State’s  Attorney  said  be  would 
lave  Mr.  Knott  summoned  to  produce  the 
iriginal  report  made  by  Dr.  Aikin,  that  the 
(missions  might  be  suppied. 

Professor  Aikin  continued — I  know  nothing 
>f  the  chemical  properties  of  yellow  jasmine; 
never  read  an  article  by  Professor  Wormley, 
f  Ohio,  in  the  American  Journal  of  Pharmacy , 
n  the  subject  of  yellow  jasmine;  I  am  unable 
o  say  what  would  have  been  the  result  of 
■iy  analysis  as  to  colors  if  General  Ketchum 
ad  taken  chloral  and  yellow  jasmine;  the 
ests  I  applied  to  determine  the  presence  of 
ntimony  were,  Iwould  say,  both  good  and  suffi- 
ient;  as  I  had  used  conclusive  tests  I  saw  no 
Season  to  proceed  further.  Professor  Aikin 
/as  new  subjected  to  a  lengthy  cross-examina- 
ion  as  to  his  knowledge  of  the  tests  known  to 
kemists. 

At  3  P.  M.  the  Court  adjourned  until  to- 
lorrow  at  10  A.  M.,  when  Prof.  Aikin  will  be 
icalled  by  the  defence.  The  spectators  evi- 
entl.v  tired  of  the  testimony  to-day,  but  the 
iiemical  and  medical  experts  seemed  to  find 
pedal  entertainment  in  the  examination  and 
,'oss-examination  of  Prof.  Aikin. 

All  the  chemical  experts  for  the  defence 
ave  been  present  since  the  examination  of 
rof.  Aikin  commenced,  and  it  has  been  ob- 
srvable  that  they  paid  the  strictest  attention 
i  all  that  fell  from  the  lips  of  the  venerable 
rofessor.  His  cross-examination  by  Mr. 
teele  was  very  rigid,  and  will  probably  be 
mtmued  for  several  hours  to-morrow. 


EIGHTH  DAT. 

Annapolis,  Md.,  December  12, 1871. 
As  far  as  non-professionals  are  concerned, 
e  trial  of  Mrs.  Wharton  degenerated  on 
usterday  into  a  tedious  bore.  The  medical 
id  chemical  experts  were,  however,  deeply 
terested,  and  it  was  evident  that  for  them 
had  reached  a  pleasant  stage.  The  scien¬ 


tific  war  is  determined  and  bitter.  The  cross- 
examination  of  Professor  Aikin  has  been  a 
most  rigid  one,  and  the  defence  have,  seem¬ 
ingly,  delighted  to  propound  to  him  the  most 
searching  questions.  The  experts  for  the  de¬ 
fence  prepared  numerous  interrogatories,  cov¬ 
ering  fifteen  pages  of  foolscap,  and  Mr.  Steele 
showed  that  he  knew  how  to  handle  them. 
The  Court,  reporters,  and  spectators  became 
wrapped,  as  it  were,  in  “a  sulphurous  canopy.” 
and  could  not  determine  what  it  all  meant, 
except  that  a  fierce,  scientific  assault  was 
being  made  upon  the  Chair  of  Chemistry  and 
Pharmacy. 

The  lawyers  on  both  sides  got  somewhat  “at 
sea,”  and  soon  found  that  facts  and  fictions 
had  become  curiously  commixed.  It  is  impos¬ 
sible  to  say  what  has  been  the  effect  upon  the 
rural  jurors,  but  they  looked  grave,  and  one, 
who  had  studied  under  Prof.  Aikin,  was  ob¬ 
served  to  take  many  notes. 

Mrs.  Wharton  arrived  promptly  in  Court 
this  morning,  accompanied,  as  usual,  by  her 
daughter,  Mrs.  Nugent,  Mrs.  Neilson  aVid  Miss 
Rosa  Neilson.  Her  manner  indicated  the  com¬ 
posure  which  has  distinguished  her  since  the 
commencement  of  the  trial,  but  Miss  Wharton 
appeared  improved  in  spirits. 

Soon  after  the  opening  of  the  Court,  this 
morning,  Prof.  Aikin  was  recalled  to  the  wit¬ 
ness  stand  for  continued  cross-examination 
by  Mr.  Steele.  He  was  first  handed  his  report 
of  his  analysis  to  Mr.  Knott,  the  State’s  At¬ 
torney  of  Baltimore,  and  promptly  identified 
it.  He  was  positive,  he  said,  that  he  had  re¬ 
ported  the  fluid  contents  of  the  stomach  to  be 
of  a  “brownish”  color,  and  not  greenish;  his 
handwriting  had  been  mistaken.  Continuing: 
The  summary  was  made  on  the  14th  of  Octo¬ 
ber;  the  memoranda  made  of  the  analysis 
were  very  scanty,  as  I  considered  the 
work  very  simple;  when  I  made  the 
summary  I  had  the  memoranda  by  me, 
but  I  do  not  know  that  I  referred  to 
them;  I  remember  that  I  destroyed 
the  memoranda,  but  cannot  say  at 
what  time;  I  threw  them  in  the  waste  basket; 
I  trusted  to  my  memory,  and  I  think  I  have  a 
good,  accurate  memory:  if  my  testimony  yes¬ 
terday  varied  from  my  memoranda  my  testi¬ 
mony  is  right;  I  meant  my  report  to  convey 
to  Mr.  Knott  the  idea  that  tartar  emetic  was 
there;  I  have  discovered  this  morning  in  my 
report  an  important  error.  [Dr-  Aikin  here 
took  the  report,  and  explained  at  some  length 
how  one  white  precipitate  had  become, through 
a  clerical  error,  confounded  with  another;  he 
then  marked  the  error  in  the  report.]  Con¬ 
tinuing — It  was  an  error  in  my  writing  the 
report,  and  not  in  my  judgment. 

Mr.  Steele — Then  the  test  you  report  in  this 
paper  is  entirely  different  from  the  one  you 
have  sworn  to  here  ? 

Dr.  Aikin.— Yes.  sir. 

Continuing— I  did  not  discover  the  error 
until  this  morning;  my  attention  was  called 
to  it  by  a  comparison  of  the  two  documents;  I 
consider  that  1  know  now  as  perfectly  what  I 
did  in  July  as  I  did  in  October;  I  can’t  remem¬ 
ber  what  I  said  yesterday  about  the  metallic 
copper  test;  I  have  heard  so  much  since  yes¬ 
terday  that  I  can’t  remember  what  I  said;  I 


30 


THE  WHARTON-KETCHTJM  TRIAL. 


remember,  however,  what  I  did  in  making 
that  test. 

Mr.  Steele. — We  are  now  asking  you  about 
what  you  said  yesterday,  and  not  about  what 
you  may  have  done,  or  ought  to  have  done. 

Continuing — I  was  speaking  of  a  proof  in 
another  ease;  I  used  it  in  reference  to  some 
remains  brought  on  from  Norristown,  Penn¬ 
sylvania;  I  would  have  found  something  if  the 
tests  themselves  bad  not  been  pure;  I  used  the 
test  in  the  autimonial  test,  and  not  the  arseni¬ 
cal  test:  intending  to  give  the  test  to  the  jury 
I  yet  forgot  it. 

Mr.  Steele— Do  you  not  remember  that  the 
first  question  I  asked  you  yesterday  was  if  you 
had  told  the  jury  all  the  tests  you  had  used, 
and  you  answered  that  you  had  ? 

The  witness  said  it  had  been  his  intention 
to  omit  nothing.  Continuing — I  use  no  mem¬ 
oranda  except  to  keep  numerical  quantities 
in  my  mind;  I  had  distinct  recollection  of 
what  was  to  follow  if  antimony  was  pres¬ 
ent;  the  difference  between  a  white  chlo¬ 
ride  and  a  white  precipitate  is  more  in 
the  name  than  anything  else;  tartar 
emetic  is  composed  of  antimony,  potash  and  a 
vegetable  acid  c  illed  tartaric  acid;  tartaric 
acid  is  composed  of  oxygen,  hydrogen  and 
carbon;  I  made  no  examination  for  tartaric 
acid  in  the  contents  of  that  stomach;  it 
would  have  been  useless;  most  cer¬ 
tainly  if  tartar  emetic  was  there  tartaric 
acid  was  there;  the  idea  of  looking  for  tar¬ 
taric  acid  never  entered  my  mind;  I  am  un¬ 
willing  to  sa  v  that  there  are  no  tests  by  which 
tartaric  acid  can  be  discovered;  I  did  not  look 
either  for  the  potash;  I  looked  for  antimony, 
but  I  did  not  find  the  metallic  antimony;  I  did 
not  endeavor  to  obtain  the  metallic  potash; 
antimony  was  the  only  constituent  of  tartar 
emetic  I  discovered.  Mr.  Steele — “Do  yon 
understand  that  you  are  here  not  to  convict 
the  accused  but  to  aid  in  giving  her  a  fair 
trial  ?”  Dr.  Aikin — “Yes,  sir;  I  have  under¬ 
stood  that  from  the  beginning  of  my  work.” 

Continuing— The  antimony  could  have  been 
reduced  to  metallic  antimony;  Marsh’s  test 
would  have  brought  it,  and  I  had  at  hand  the 
materials  for  Marsh’s  test;  if  I  had  regarded 
other  tests  than  those  I  used  more  certain  I 
would  have  used  them;  I  have  never  used  the 
galvanic  test  for  antimony;  I  know  of  that 
test  only  vaguely;  my  attention  has  ne^er 
been  directed  to  the  galvanic  test;  I  learned 
my  tests  when  I  was  a  student;  I  do  uot 
mean  that  I  learned  them  when  I  was  first 
a  student,  but  I  meant  to  convey  the  idea 
that  I  had  known  them  for  a  long  time;  I 
said  yesterday  that  I  did  not  deem  the  quan¬ 
tity  in  the  tumbler  necessary  to  the  work  be¬ 
fore  me;  I  had  a  natural  curiosity  to  find  out, 
however,  how  much  was  there;  I  treated  one 
grain  with  sulphuretted  hydrogen;  I  weighed 
it  and  found  it  weighed  forty  hundredths  of  a 
grain;  I  weighed, I  mean, the  precipitate;  all  the 
precipitates  from  passing  through  sulphuretted 
hydrogen  are  uot  always  of  the  same  density: 
if  the  quantity  was  a  capital  point  I  would 
not  consider  sufficient  an  estimate  by  the  eye; 
the  amount  of  sulphide  I  got  in  oue  grain  was 
used  to  determine  the  probable  amount  of  tar¬ 
tar  emetic  in  the  t  umbler;  I  did  not  test  all 
portions  of  the  sediment  to  see  that  they  were 


the  same;  I  made  no  test  for  the  organic  mat¬ 
ter  of  the  sediment  in  the  tumbler;  I  know  ol 
nothing  but  antimony  which  would  give  all 
the  results  I  got;  if  there  was  anything  else 
which  wpuld  give  all  those  results'l  could  not 
rely  upon  my  tests;  the  sediment  in  the  tum¬ 
bler  had  a  biting,  acrid,  metallic  taste;  the 
crystals  evaporated  by  a  drop  of  the  solution 
of  the  sediment  and  the  crystals  evaporated 
by  a  drop  of  tartar  emetic  had  a  resemblance, 
but  not  identity;  I  don’t  think  I  did  anything 
until  Dr.  Williams  and  Professors  Miles  and 
Chew  had  left;  I  think  if  I  had  been  looking 
for  prussic  acid  it  would  have  been  lost;  I  don't 
think  there  was  any  chance  of  finding 
prussic  acid  by  the  process  I  used;  I  have  no 
product  of  any  part  of  my  analysis  to  bring 
into  Court;  in  reference  to  iny  examination  ol 
the  reagentsil  knew  the  sulphuric  acid  was 
pure,  because  I  had  tested  it  by  Marsh’s  test; 
I  cannot  swear  that  I  had  tried  it  within  six 
months. 

Prof.  Aikin  was  now  allowed  to  leave  flu- 
stand. 

Peter  Smith  was  next  called,  and  testified— 
I  am  janitor  of  the  University  of  Maryland, 
and  have  been  since  ’44:  I  keep  the  keys  and 
have  charge  of  the  building:  I  always  carry  in 
my  pocket  the  key  to  Dr.  Aikin’s  room;  only 
Dr.  Aikin  and  I  have  keys;  I  remember  the 
time  last  July  when  Dr.  Aikin  was  looking 
for  some  noison;  Drs.  Chew,  Miles,  Williams. 
Aikin  and  myself  were  the  only  persons  who 
had  access  to  the  room;  I  never  disturbed  the 
jar. 

To  Mr.  Hagner — I  have  got  the  key  in  my 
pocket  now;  if  anybody  wanted  to  get  in  to¬ 
day  they  would  have  to  stay  out.  [Laughter.] 

The  vivacious  manner  of  this  witness  was 
a  most  agreeable  relief  to  the  tedious  testi¬ 
mony’  of  the  preceding  one. 

ByT  consent,  Professor  Chew  made  the  follow 
ing  statement : 

I  desire  to  make  a  statement  or  a  correction  ir 
my  testimony,  if  such  correction  be  necessary 
I  am  represented  in  one  or  perhaps  more  o 
Ihe  public  prints,  as  stating  that  Professor  X 
R.  Smith  had  written  a  newspaper  article  or 
chloral.  In  response  to  a  question  from  tin1 
Attorney  General,  as  to  whether  Professo 
Smith  had  written  anything  on  chloral.  J 
stated  that  he  had  written  an  article  on  tha 
subject  in  a  medical  journal.  I  did  not  rememj 
ber  whether  the  article  appeared  in  the  Rahil 
more  Medical  Journal  or  in  the  American  Journal 
of  Medical  Science,  or  in  what  particular  jour 
mil.  I  now  know  that.it  was  published  in  tin 
Boston  Medical  Journal.  I  make  the  statemenl 
to  remove  any  false  impression  from  Professo 
Smith’s  mind. 

Mr  Jacob  Weaver  was  next  sworn,  anc 
testified— I  am  an  undertaker  in  Baltimore;  I 
assisted  in  removing,  on  the  28th  of  June,  be 
tweeu  6  aud  7  P.  M.  the  body  of  Genera 
Ketchum  from  Mrs.  Wharton’s  residence;  j 
took  it  to  my  warerooms,  aud  there  put  it  is 
ice;  I  had  the  entire  charge  of  it,  and  keptil 
until  Thursday;  on  Thursday’  it  was  takes 
from  the  ico  aud  examined  by  Drs.  Chew 
Miles  and  Williams;  nothing  had  beeu  done  tj 
it  except  to  apply’  ice;  after  the  examination 
put  it  back  in  ice;  I  delivered  the  body  it 
Washington,  at  General  Brice’s  house. 


THE  WHARTON-KETCHUM  TRIAL. 


31 


The  witness  was  not  cross-examined. 

A.  A.  Kleinschmidt  was  next  sworn,  and 
;estified — I  reside  in  Baltimore,  and  am  an 
ipothecary;  I  have  been  an  apothecary  eight 
>r  nine  years;  I  am  junior  partner  of  the  firm 
>f  Gosman  &  Co.;  I  know  Mrs.  Wharton;  I 
lave  known  her  over  two  years;  on  the  26th 
if  June  last,  between  7  and  half-past,  in  the 
norning,  Mrs.  Wharton  came  into  our  store 
rad  asked  first  for  a  small  vial  of  tincture  of 
ralerian;  I  gave  her  an  ounce;  she  then  asked 
or  a  small  quantity,  or  some,  I  forget  the  ex- 
ict  words  she  used,  of  tartar  emetic;  saying 
mmediately  after  that  she  wanted  it  for  a 
t  plaster;  I  don’t  distinctly  remember  the 
(uantity  I  gave  her,  but  my  impression  is  I 
jave  her  60  grains— one  drachm;  I  charged  it 
ra  our  book. 

The  book  was  here  shown  to  the  counsel  for 
he  defence,  and  examined  by  them. 
Continuing— That  is  the  blotter  I  have  here; 
n  it  appears,  “Mrs.  Wharton,  June  26,  1  oz. 
incture  of  valerian,  20  cts.;  tartar  emetic,  10 
ts.;”  no  previous  charges  appear;  that  is  the 
irst  charge  on  that  day;  it  is  in  my  hand¬ 
writing;  I  sold  it  to  Mrs.  Wharton  in  person; 
had  not  been  to  breakfast  at  the  time  I  sold 
S  to  her;  Mr.  Hanna  was  the  only  other  per- 
on  present,  but  there  may  have  been  a  eus- 
omer;  I  think  Mrs.  Wharton  lived  at  that 
ime  at  263  North  Eutaw  street,  about 
square  and  a-half  from  my  store;  I  don’t  re- 
lember  having  sold  yellow  jasmine  on 
Vednesday,  the  28th  of  June,  but  it  is 
barged  on  my  book;  the  prescription  is  also 
larked  in  my  handwriting.  [The  witness 
ere  produced  the  prescription,  and  it  was  ex- 
mined  by  the  counsel  for  the  defence;  it  was 
assed  to'  Dr.  Williams,  who  identified  it  as 
ae  he  had  written.]  Continuing— The  Nos 
l  the  prescription  are  in  my  handwriting. 
The  witness  then  read  the  prescrip- 
on,  as  follows:  “For  General  Ketehum 
Tincture  of  Gelseminium,  %  oz.;  SO  or 
i  drops  every  2  hours.  P.  C.  W.”J 
Continuing — the  whole  was  one-half  an 
ince;  I  think  I  prepared  the  tincture,  but  I 
m’t  distinctly  remember  the  time;  it  is 
ade  by  percolating  alcohol  through  four 
races  of  the  gelseminum  root  until  twelve 
lid  ounces  of  the  tincture  have  passed 
rough;  some  was  made  a  few  days  since;  I 
ive  Dr.  Williams  an  ounce  of  the  same 
icture  he  got  for  General  Ketehum— 
it  of  the  same  bottle — on  the  day 
is  trial  commenced;  at  the  time  I  sold  to 
rs.  Wiiarton,  Mr.  Gosman,  Mr.  Myer,  Mr. 
Anna,  a  colored  porter  and  myself  were  em- 
oyed  in  my  store;  Mr.  Myer  is  slightly  deaf. 
Cross-examined  by  Mr.  Steele— I  have  been 
Baltimore  since  ’66;  previously  I  lived  in 
■orgetown  and  Washington;  I  am  a 
rman  by  birth;  I  will  be  twenty-seven 
ars  old  on  the  2d  of  January  next;  we 
ve  a  day  book;  I  have  not  the  ledger  here; 

!  have  also  a  prescription  book. 

Mr.  Steele  asked  to  have  the  day  book  and  a 
rfect  copy  of  the  prescriptions  from  the  26bh 
the  29th  ef  June,  inclusive,  and  the  witness 
>k  a  note  of  it. 

Continuing— Generally  the  person  that  sells 
:  ikes  the  entries  in  the  blotter,  but  not 
!  vays;  I  enter  more  than  any  one  else;  some¬ 


times  I  enter  sales  made  by  others;  Mr.  Gos¬ 
man,  Mr.  Hanna  and  Mr.  Myer  at  that  time 
also  made  sales;  if  I  make  the  first  charge  I 
generally  enter  the  bate;  the  date  is  some¬ 
times  marked  also  at  the  side;  I  cannot  say 
the  charges  are  always  made  at  the  same 
moment  the  medicines  are  sold,  but  are 
made  as  soon  as  convenient  afterwards;  my 
attention  was  called  to  the  entry  for  tartar 
emetic  sometime  in  July;  Marshal  Frev  first 
called  my  attention  to  it;  I  referred  to  my  book 
at  that  time;  my  bills  are  made  out  from  the 
day-book;  Mr.  Hanna  generally  collects  the 
money. 

Mr.  Steele  now  showed  the  witness  alengthy 
bill,  and  the  witness  said  that  as  far  as  he 
knew  it  was  in  the  handwriting  of  Mr.  Gos¬ 
man,  and  receipted  by  him. 

Continuing — Sometimes  charges  are  made 
on  the  day-book  without  being  first  put  upon 
the  blotter. 

Mr.  Steele  now  offered  the  bill  in  the  hand¬ 
writing  of  Mr.  Gosman,  and  receipted  by  the 
witness,  in  evidence. 

Mr.  Revell  objected;  it  was  only  a  copy, 
and  the  original  was  in  existence;  under  no 
possible  circumstances  could  it  be  admissible. 
Mr.  Hagner  and  Mr.  Thomas  explained  that  it 
was  offered  to  test  the  accuracy  of  the  memory 
of  the  witness.  After  some  consultation  the 
Court  said  the  paper  offered  was  not  admis¬ 
sible  even  to  test  the  memory  of  the  witness. 
Mr.  Steele  said  a  bill  was  not  a  copy,  but  an 
original  paper,  and  desired  to  call  the  atten¬ 
tion  of  the  Court  to  the  fact  that  the  bill 
offered  was  not  offered  as  a  copy;  the  question 
was  one  of  the  general  correctness  of  the 
entries,  and  to  be  judged  of  by  the  jury. 

The  Court  said  the  defence  would  have  the 
fullest  opportunity  to  cross-examine  the  wit¬ 
ness  after  the  books  were  brought  into  Court. 

At  request  of  Mr.  Revell  the  witness  now 
explained  his  way  of  dating  his  blotter.  Con¬ 
tinuing— Mr.  Myer  was  not  at  the  store  when 
I  sold  the  medicines  to  Mrs.  Wharton;  ho  is 
never  there  so  early;  bottles  containing  medi¬ 
cines  are  always  labelled,  even  when  sold  to 
persons  upon  their  personal  application:  that 
is  the  custom  among  the  druggists  of  Balti¬ 
more. 

Mr.  Henry  W.  Hanna,  was  next  called,  and 
testified — I  live  in  Baltimore,  and  have  been 
an  apothecary  four  years;  in  June  last  I  was 
with  Gosman  &  Co.,  and  am  there  still;  I 
have  known  Mrs.  Wharton  three  or  four 
years;  the  last  time  I  saw  Mrs.  Wharton  in 
Baltimore  was  on  the  26th  of  June  last  in  our 
store  a  little  after  7  A.  M.;  I  do  not  know 
what  she  had  come  for;  I  had  just  reached 
the  store;  I  had  not  taken  my  breakfast;  Mr 
Kleinschmidt,  Mrs.  Wharton  and  myself  were 
the  only  persons  in  the  store;  the  store  con¬ 
sists  of  one  large  front  room  and  a  back 
room,  with  a  door  on  either  side  com¬ 
municating  with  the  back  room;  I  was  going 
forward  to  wait  upon  Mrs.  Wharton  when  1 
saw  Mr.  Kleinschmidt  going  and  I  went  back 
into  the  back  room:  I  remember  distinctly 
that  it  was  on  Monday  morning;  I  remember 
it  from  the  circumstance  of  a  conversation 
with  Mr.  Kleinschmidt;  (the  witness  was  here 
interrupted  and  not  allowed  to  relate  the  con¬ 
versation.)  Continuing— I  remember  to  have 


32 


THE  WHARTON-KETCHUM  TRIAL. 


filled  on  that  day  a  prescription  of  Dr.  Wil  I 
lianas’;  it  was:  “For  Gen.  Ketchnm,  16  drops  ! 
of  creosote  4  oz  lime  water — a  table  spoonful 
every  2  hours,  P.  C.  W.”  I  filled  it  about  5 
P.  M.;  Dr.  Williams  brought  it  himself.  The 
witness  was  not  cross-examined  by  the  de¬ 
fence. 

Mr.  N.  H.  Hutton  was  next  called,  and  testi 
fied — I  reside  in  Baltimore,  and  am  a  civil  en¬ 
gineer  and  architect;  I  know  Mrs.  Wharton, 
and  have  known  her  several  years:  I  first,  saw 
General  Ketchnm  on  the  stairs  of  Mrs.  Whar¬ 
ton’s  residence,  on  the  24th  of  last  June,  be¬ 
tween  0  and  7  P.  M.:  I  first  went  to  his  room 
on  Monday,  at  the  request  of  Mrs.  Wharton; 
she  told  me  that  General  K.  was  sick,  and  a 
comparative  stranger  to  most  of  the  persons 
in  the  house,  and  asked  me  to  go  and  see  him,  ! 
and  keep  him  company;  she  said  something 
about  a  physician,  but  I  can’t  remember  1 
whether  she  said  she  had  sent  or  was  going  , 
to  send  for  a  physician;  I  went  up  ' 
and  found  the  General  sitting  on  a 
lounge;  it  was  about  4  P.  M.,  Monday;  I  ex¬ 
plained  the  object  of  my  visit  to  him;  there 
was  nothing  very  evident  in  his  condition;  he 
complained  of  nausea  and  sick  stomach;  a  few 
moments  after  Dr.  Williams  arrived;  shortly 
after  his  arrival  I  got  General  K.  the  slop  jar 
which  he  used;  after  a  time  the  medicine  Dr. 
Williams  had  prescribed  came  and  I  gave  him 
one  or  two  doses,  I  don’t  remember  which;  the 
medicine  smelled  of  creosote;  after  giving 
him  one  or  two  doses  I  had  to  leave  him;  they 
had  a  beneficial  effect  upon  him;  I  returned  to 
his  room  between  6  and  7  P.  M.;  I  had  \ 
left  the  bottle  that  smelled  of  creosote  on  : 
the  mantel;  I  remained  with  him  until  9 
o’clock,  reading  the  newspaper  to  him  and  ad- 
ministeriug  his  medicine;  as  I  came  back  to  j 
the  bouse,  between  6  and  7  P.  M.,  some  one 
asked  to  go  up  into  his  room,  and  told  me  that 
he  wanted  me;  Mrs.  Wharton  informed  me,  in  | 
explanation  of  his  call,  that  his  bottle  had 
been  broken,  and  he  was  anxious  for  another 
dose  of  his  medicine;  it  was  to  the  general  ef¬ 
fect  that  I  must  explain  to  the  General,  and 
keep  him  pacified;  she  told  me  she  had  broken 
the  bottle;  I  found  the  General  lying  on 
the  bed,  apparently  better  than  when  I 
had  seen  him  at  4  o’clock;  I  gave  him  a  dose 
of  medicine  from  anew  bottle  which  arrived 
soon  after  I  searched  his  room;  I  don’t  know 
who  went  after  that  medicine;  I  remained 
with  him  until  nearly  9  o’clock  and.  then  left 
him;  my  wife  came  about  that-  time  and  called 
me  out;  I  do  not  remember  any  one  else  call¬ 
ing  me;  I  next  saw  General  K.  about  2  A.  M. 
the  next  day;  Tuesday,  the  same  night  on 
which  I  left  him,  I  had  occasion  to  use  the 
same  bottle  of  medicine  he  was  using  for 
another  person,  and  I  found  his  door 
wide  open;  I  went  in  and  saw  him 
sitting  up.  with  his  back  toward  me,  on  the 
edge  of  the  bed,  and  endeavoring  to  ascertain 
the  time  by  his  watch:  he  was  apparently 
quite  well;  I  got  the  medicine  and  left  him;  I 
next  saw  him  du  Tuesday  night,  at  Mrs. 
Wharton’s  request;  she  told  me  the  General 
was  quite  sick,  and  asked  me  to  look  at  hint 
and  see  if  I  thought  he  needed  a  physician; 
that  was,  l  think,  between  half-past  7  and 
half-past  8;  I  found  him  lying  on  the  lounge 


on  his  back;  after  looking  at  him  a  second  or 
two  I  left  the  room  and  went  to  Dr.  Williams’ 
office;  the  General  -was  sleeping  heavily  and 
breathing  heavily;  I  returned  to  Gen¬ 
eral  K.’s  room  and  looked  at  him 

again;  he  had  turned  on  his  side,  and 
was  breathing  easily;  I  then  left  him; 
no  one  was  with  him;  the  follow¬ 
ing  morning,  between  half-past  9  and  10, 
I  either  met  or  was  called  out  by  Mrs.  Whar¬ 
ton  to  the  front  porch;  she  told  me  she  had 
something  very  important  and  very  disagree¬ 
able  to  commuuieate:  that  she  had  sent  for 
Dr.  Williams,  and  before  he  came  she  wished 
to  communicate  certain  facts  to  me,  in  order 
that  I  might  communicate  them  to  him.  and 
enjoined  that  I  should  not  say  anything  to 
any  one  else  about  the  matter;  she  produced 
from  her  pocket  a  vial  which  she  said  con¬ 
tained  laudanum,  and  that  it  had  been  found 
about  General  Ketchum’s  bed  by  Susan, 
the  colored  cook,  on  the  previous  day: 
I  think  she  said  in  the  afternoon;  1 
expressed  my  profound  regret  that  she 
had  not  informed  me  on  the  previous  daj 
of  the  finding  of  the  bottle,  and  she  told  me 
she  could  not  make  up  her  mind  to  mention 
the  matter,  as  the  inferences  were  disagreea-i 
ble  to  her  and  to  General  Ketchum’s  family; 
she  gave  me  to  understand  that  General  Jv 
had  used  the  laudanum  himself,  and  was  at 
that  time  in  a  very  dangerous  condition  from 
the  effects  of  it;  about  that  time  Dr.  Williamt 
arrived,  and  I  went  with  him  to  General  K.’f 
room;  we  found  him  lying  on  the  lounge:  1 
assisted  Dr.  Williams  in  raising  him  from  tin 
lounge  and  moving  him  to  the  bed;  he  ap¬ 
peared  to  be  almost  insensible,  replying 
in  an  articulate  manner;  his  legs  wert 
certainly  stiff;  while  Dr.  Williams  sup 
ported  iiim  under  the  shoulders,  1  movci 
his  legs,  first  one  and  then  the  other;  tb< 
knees  bent  very  slightly  as  we  moved  him 
after  getting  him  on  the  bed  I  took  off  hi 
pantaloons;  I  left  the  room  about  12  o’clock;!  re 
turned  again  about  half-pasti, and  found  sev 
i  eral persons  werein  tin-  room;  Dr.  Williams, Ml 
Snowden,  my  wife  and  a  colored  man  were  ii 
j  the  room,  and  General  K.  was  then  in  a  con 
vulsion;  the  convulsions  he  had  were  ven 
violent  in  their  character  and  seemed  to  affect 
his  back;  I  saw  him  frequently  raise  hi 
J  body  from  his  shoulders  to  his  waist,  and  a 
!  the  same  time  he  made  motious  with  hi'j 
[  hands  as  if  he 'wished  to  seize  himself;  we  reti 
strained  him  by  holding  his  hands,  and  in  op 
position  to  ns  he  uttered  cries;  they  were  iij 
:  articulate  cries;  towards  the  latter  part  of  hil 
■  attack  1  was  left,  with  the  colored  man;  w 
continued  to  hold  his  hands  until  he  died;  hi 
died  in  a  convulsion;  it  was  near  3  o’clocl 
when  he  died;  Dr.  Williams  came  back  intjj 
the  room. 

Cross-examined  by  Mr.  Steele — It  was  aboil 
10  o’clock  on  Wednesday  when  I  went  up  win! 
Dr.  Williams.  At  the  request  of  Mr.  Steel 
j  the  witness  drew  a  sketch  of  the  room  in  wliicj 
I  General  Ketcliuai  died,  and  handed  it  to  tl 
l  counsel  for  the  defence.  Continuing— I  shonl 
think  the  depth  of  the  room  was  between  17  mi 
18  feet:  the  bed  stood  with  its  head  to  the  wa 
next  to  the  hall:  the  bed  was  short;  the  Gei1 
I  era!  complained  that  it  was  short;  the  foot  (| 


THE  WHARTON-KETCHUM  TRIAL. 


33 


ie  bed  came  near  to  the  mantle  piece;  there 
:e  four  windows:  I  think  the  shutters  were 
Km  on  Wednesday  when  I  was  there;  I  re- 
illect  that  Dr.  Williams  opened  the  shutters; 
is  quite  possible  that  I  may  be  mistaken 
j  to  the  hour  I  met  General  Ketohum  on 
ie  stairway;  I  did  not  report  to  Mrs.  Wharton 
lat  General  Ketohum  needed  a  physician;  I 
id  not  tell  her  I  had  been  for  a  physician 
ntil  the  next  day;  I  saw  Dr.  Williams  give 
eneral  Ketchnm  what  he  told  me  was  a  dose 
:  yellow  jasmine;  that  was  given  in  about  an 
our  after  we  arrived. 

The  Court  now  adjourned  until  10  A.  M.  to 
lorrow.  As  new  features  of  the  case  are 
eing  developed  the  interest  in  the  trial  re¬ 
ives,  and  the  Court-room  was  again  crowded 
)-dav. 


NOTH  BA¥. 

Annapolis,  Decemoer  13,  1871. 

The  interest  of  the  public  in  the  great 
Vharton  trial  seems  unabated,  and  the  court 
join  has  been  again  crowded  to-day.  The  at- 
mdance  of  ladies  was  as  large  as  on  any  pre- 
ious  day,  and  they  sat  patiently  during  the 
ntire  proceedings.  The  medical  testimony 
>r  the  State  having  been  exhausted,  except 
>r  rebuttal,  the  trial  reassumed  the  interest- 
lg  character  which  most  engages  the  atten- 
on  of  the  general  public. 

Mrs.  Wharton  and  her  daughter  were  still 
eavily  veiled;  Mrs.  Neilson  and  Miss  Rosa 
eilsou  still  accompany  them,  and  there  was 
othing  sensational  apart  from  the  testimony 
,f  the  witnesses. 

Upon  the  opening  of  the  Court,  Mr.  A.  H. 
lutton  was  recalled  and  testified,  under 
ross-examination  by  Mr.  Steele— I  don’t 
appose  I  asked  Dr.'Williams  to  come,  but 
■ft  it  to  him  to  decide;  I  told  him  General 
etchum  was  in  a  bad  condition;  I  described 
isposition  and  breathing,  and  I  think  I  told 
im  that  I  had  not  let  Mrs.  Wharton  know 
lat  I  was  coming;  he  said  he  had  seen 
im  in  the  morning,  and  that  he  was 
at  then  very  sick;  that  he  had  been 
eakened  by  vomiting,  and  sleeping  would 
)  him  no  harm;  that  he  did  not  care 
)  go  unless  it  was  absolutely  necessary;  that 
should  return  to  General  K.,  and  if  I  still 
lought  his  symptoms  unfavorable,  I  should 
turn  and  let  him  know;  I  have  stated  all 
is  reasons  he  gave  me;  he  did  not  tell  me 
eneral  K.  had  been  rude  to  him;  he  said  he 
d  not  care  to  go  to  see  General  K.  unless  it 
as  absolutely  necessary;  Dr.  Williams  said 
thing  but  what  I  ljave  repeated:  quite  a 
imber  of  personswere  about  Mrs.  Wharton’s 
>use  at  times  during  the  days  I  was  attend- 
g  upon  General  Ketchum.  Mr.  Hutton  now 
ive  to  Mr.  Steele  a  larger  and  corrected 
agrarn  of  the  loom  in  which  Gen.  Ketchum 
ed,  saying  that  the  one  he  had  submitted 
esterday  had  been  drawn,  of  necessity,  in  a 
irry. 

Mr.  Syestfer  now  asked  the  witness  if  he 
eant  to  say  that  a  number  of  persons  were 
Mrs.  Wharton’s  house  or  in  attendance 
ith  him  upon  General  Ketchnm. 

The  defence  objected,  but  Mr.  Steele  said  he 


did  not  object  if  the  witness  would  name  all 
the  persons.  A  tumbler  which  had  been  placed 
in  a  nursery  refrigerator  had  been  admitted 
in  evidence,  and  it  was  right  that  the  jury 
should  know  who  were  in  the  house.  It  the 
inquiry  stopped _  there  he  would  not  object, 
but  did  not  desire,  of  course,  to  go  into  the 
trial  of  another  case. 

The  Court  decided  that  the  witness  could 
state  who  were  present  in  the  house  at'  the 
times  he  was  there. 

Mr.  Hutton  continued — Most  of  the  persons 
in  Mrs.  Wharton’s  house  were  in  attendance 
upon  some  one  else;  I  went  there  to  attend 
some  one  else;  that  person  was  not  a  member 
of  Mrs.  Wharton’s  family. 

Professor  Aikin  desired  to  make  an  explana¬ 
tion  in  respect  to  his  analysis,  as  reported  to 
Mr.  Knott,  which  was  stated  privately  to  the 
Court,  and  the  Chief  Judge  decided  that  the 
explanation  was  not  material  to  the  case,  and 
declined  to  allow  it  to  be  made.  Some  desul¬ 
tory  discussion  followed  between  Mr.  Syester 
and  Mr.  Thomas  in  reference  to  the  justice  of 
allowing  Dr.  Aikin  to  make  the  desired  ex¬ 
planation,  and  tho  Court  still  declined  to 
admit  it. 

Mr.  A.  A.  Kleinschmidt  was  now  recalled, 
and  testified  that  an  entry  on  the  blotter,  on 
rhe  26th  of  June,  was  in  his  handwriting;  he 
was  then  shown  the  day-book,  and  testified 
that  the  charges  were  copied  on  the  bill  made 
out  in  Mr.  Gosman’s  handwriting. 

Mr.  Hagner  said  he  proposed  to  show  that 
the  entries  had  not  been  regularly  made,  and 
that  essence  of  peppermint  was  charged  to 
Mrs.  Wharton  on  the  day  she  was  alleged  to 
have  bought  tartar  emetic. 

In  support  of  the  right  of  the  defence  to  in¬ 
troduce  the  evidence,  Mr.  Hagner  quoted  from 
Atwell  vs.  Millet,  6  Md.,  and  Lewis  vs.  Kra¬ 
mer,  3  Md. 

Mr.  Syester  said  that  all  that  could  be  shown 
was  that  a  mistake  had  been  made  in  making 
the  entry  in  the  books. 

Mr.  Steele  said  the  books  had  been  brought 
that  the  memory  of  the  witness  might  be  re¬ 
freshed,  and  they  showed  but  one  entry  had 
been  made  of  tartar  emetic,  and  that  an¬ 
other  article  had  been  charged  on  the  day  the 
witness  had  testified  he  had  sold  tartar  emetic 
to  Mrs.  Wharton. 

The  Court  said  the  witness  could  be  asked 
to  explain  the  mistakes  that  had  occurred, 
but  that  the  bill  could  not  be  offered  as  evi¬ 
dence. 

Mr.  Syester  suggested  that  the  witness  had 
already  stated  that  he  did  not  make  off'  the 
bill,  and  could  not  explain  the  mistake. 

Mr.  Kleinschmidt  was  then  allowed  to  leave 
the  stand. 

Jacob  Frey,  Deputy  Marshal  of  Baltimore, 
was  next  called,  aud  testified— I  reside  at  271 
South  Sharp  street;  I  am  Deputy  Marshal  of 
Police  at  Baltimore;  I  know  Mrs.  Wharton;  I 
first  saw  heron  the  7th  of  July  last  at  her  own 
house  in  Baltimore;  I  called  on  her  to  make 
some  inquiry  iu  relation  to  the  death  of 
General  Ketchum,  which  had  been  reported  to 
the  Police  Department;  I  gave  her  my  name, 
and  told  her  I  was  there  to  get  some  informa¬ 
tion  about  the  death  of  General  Ketchum;  she 
related  to  me  the  fact  that  Gen.  Ketchum  had 


34 


THE  WHARTON-KETCHUM  TRIAL. 


arrived  at  her  house  on  the  34th  of  June,  and 
further,  his  sickness,  and  that  Dr.  Williams 
had  attended  him;  the  only  fact  that  im¬ 
pressed  my  mind — 

Here  the  defence  objected,  and  Mr.  Steele 
said  it  was  the  duty  of  the  witness  to  pursue 
the  conversation  and  not  select  one  single  fact 
from  the  whole  of  his  conversation. 

Mr.  Syester  said  he  understood  the  grounds 
of  objection  to  be  that  the  witness  remem¬ 
bered  only  one  fact- 

Mr.  Steele  said  a  mutilated  statement  could 
not  be  given,  and  briefly  argued  the  legal 
right  involved. 

The  Court  decided  that  the  witness  must 
give  the  conversation  as  fully  as  possible. 

Marshal  Frey  continued — Mrs.  Wharton 
told  me  of  Ceneral  Iv.’s  symptoms:  all  of  the 
conversation  did  not  impress  itself  upon  my 
mind,  but  apart  of  it  did;  I  asked  her  if  she 
knew  of  any  tartar  emetic  having  been  brought 
into  her  house,  and  she  stated  that  she  did; 
that  she  had  bought  some  herself;  I  wish  to 
stat  e  here  that  I  had  four  or  five  conversations 
with  Mrs.  Wharton,  but  I  can  not  draw  the  dis¬ 
tinctions  as  nearly  as  I  would  like;  I  asked  her 
who  constituted  her  household,  and  she  gave 
me  her  name,  her  daughter’s,  and  the  names 
of  the  two  servants,  Susan  and  Ellen;  I  asked 
if  her  daughter  had  been  at  home  during  the 
sickness  of  Geueral  Ketchum,and  she  said  her 
daughter  had  only  arrived  home  on  the  day 
of  General  Ketchum’s  death;  this  was  the  first 
conversation;  I  told  her  I  wanted  to  take  her 
servants  to  my  headquarters  to  interrogate 
them;  she  told  me  I  could  see  them  in  her 
house  separately  and  Drivately,  but  consented 
that  I  should  take  them  with  me  if  I  preferred: 
she  asked  me  to  let  her  know  howl  progressed 
with  the  investigation  of  the  ease,  and  stated 
that  she  had  intended  to  leave  for  Eu¬ 
rope  on  Saturday,  the  following  day, 
and  would  sail  on  the  next  Wednesday;  she 
said  she  would  uot  leave  us  as  long  as  any 
suspicions  rested  on  her  servants,  or  until  the 
matter  was  cleared  up;  I  promised  to  call 
again  and  let  her  know  how  I  was  getting 
along;  aftergettiug  through  with  the  servants, 
I  called  upon  her  again,  that  is,  on  Friday 
night,  about  10  P.  M.;  I  told  her  I  had  been  un¬ 
able  to  come  to  any  conclusion,  but  was  satis¬ 
fied  the  servants  were  perfectly  innocent;  I  had 
a  further  conversation  with  her  that  night 
that  lasted  not  more  than  half  an  hour,  and 
we  weut  over  the  same  grouud  we  had 
gone  over  on  the  afternoon  of  that  day;  in 
that  conversation  I  told  her  I  thought  she  had 
better  not  think  of  leaving  until  the  matter 
had  been  cleared  up,  telling  her  I  thought  it 
would  be  most  satisfactory  to  her;  I  told  her  I 
was  unable  to  say  how  long  I  would  be  work¬ 
ing  it  up.  and  that  some  cases  had  taken  me 
eighteen  mouths;  she  told  me  I«had  been  very 
kind  in  calling  to  see  her,  and  reporting  how 
I  had  been  progressing,  and  then  said  she 
wished  to  make  me  a  present,  and 
reached  out  her  hand  with  some  money  in  it; 
it  was  rolled  up,  and  I  could  not  see 
the  amount;  I  told  her  I  could  not 
receive  any  presents  or  money;  she  said 
she  intended  to  make  me  a  present  anyhow, 
and  I  told  her  we  would  talk  that  over  after 
the  case  was  cleared  up;  I  called  again  on 


Saturday;  I  cannot  be  positive  as  to  the  time 
but  I  think  it  was  about  10  A.  M.;  her  daugb 
ter  came  to  the  door,  and  told  me  her  motile 
was  not  at  home,  but  wished  to  see  me; 
named  the  hour  in  the  afternoon  at  which 
would  meet  her,  and  at  that  hour  met  her;  ii 
the  conversations  I  had  with  Mrs.  Whartoi 
after  Friday  night  I  questioned  her  mor 
closely  than  I  had  done  before  about  the  pui 
chase  of  tartar  emetie,  and  when  sh 
purchased  it;  I  asked  her  if  it  migb 
not  be  possible  that  she  had  sent  one  c 
her  servants  for  the  tartar  emetic,  and  tha 
servant  abstracted  it;  she  said  no,  as  she  hai 
bought  it  herself;  I  asked  her  if  it  might  no 
have  been  possible  that  after  using  it  she  lia. 
laid  the  paper  aside  and  some  one  in  that  wa 
gotten  it;  she  said  no,  she  had  kept  it  in  lie 
pocket;  she  said  she  did  not  remember  the  da 
she  had  bought  the  tartar  emetic,  but  it  wa 
during  the  time  the  sickness  was  in  the  house 
I  asked  her  what  time  of  the  day,  and  she  to! 
me  in  the  evening;  she  said  that  on  her  wa 
down  town,  she  had  stopped  aud  bough 
some  tartar  emetic,  had  put  it  in  her  port 
monnaie,and  kept  it  thereuntil  about  retiring 
when  she  put  it  on  a  plaster  and  put  it  on  he 
breast;  in  one  of  the  conversations,  betweej 
Friday  night  and  Sunday  night,  she  again  in 
sisted  upon  my  taking  some  money,  and  tha 
time  she  spread  the  note  out,  aud  it  was  $2( 
she  told  me  to  take  it  and  buy  myself  a  present 
I  again  told  her  I  could  not  receive  it,  and  wa 
prohibited  by  the  rules  of  the  Police  Depart 
ment;  she  told  me,  that  being  the  case,  sir 
knew  the  duty  of  an  officer,  and  that  certain! 
I  could  not  take  it;  during  these  conversation 
the  question  of  her  leaving  for  Europe  wa 
discussed,  one  being  a  reiteration  of  the  othei 
I  promised  to  tell  her  when  I  thought  th 
matter  was  in  such  condition  as  would  justif 
her  in  leaving  the  city;  on  Mouda^ 
morning,  between  10  aud  11  o’clock, 
called  upon  her,  and  informed  her  tha 
Mr.  Pinckney,  the  Deputy  State’s  Attorae) 
of  Baltimore,  said  it  would  be  inadvisable  fo 
her  to  leave  the  city  while  this  matter  wa 
pending;  she  said  she  was  very  sorry,  and  ha 
expected  to  leave  on  that  day,  at  3  P.  M.,  fo 
Philadelphia;  she  asked  me  if  I  thought  Mi 
Pinckney  would  let  her  go  if  she  saw  him;  I 
told  her  I  did  not  know;  she  asked  me  if  1 
would  be  improper  for  her  to  call  on  Mi 
Pinckney  with  a  legal  friend,  and  I  told  he 
certainly  not;  in  the  afternoon  of  that  dayl 
again  called  upon  Mrs.  Wharton,  and  told  he 
circumstances  had  come  to  our  knowledg 
which  made  it  necessary  for  us  g 
place  a  guard  over  her  house  to  pre, 
vent  any  person  connected  with  her  lions 
leaving  it;  that  arrangement  was  continue 
until  the  following  Saturday;  during  the  ir 
terval  I  did  not  see  Mrs.  Wharton;  on  Satin 
day  I  called  with  ex-Sherifl  Albert  and  iutre, 
duced  him  to  her;  my  connection  with  th 
case  here  ended;  I  think  she  said  Genert 
Ketchum  had  been  taken  sick  on  Saturdaj 
she  said  he  had  taken  a  walk  on  Sunday,  bu 
said  he  was  too  unwell  to  go  to  fchureh:  sh 
told  me  his  sickness  had  cpntinued,  but  I  car 
not  remember  the  hours  and  days  at  whicj 
she  stated  he  was  worse;  I  don’t  remembe 
the  conversation,  hut  in  one  she  told  me  Gep 


TEE  WEARTON-KETCEUM  TRIAL. 


35 


K.  was  a  singular  man,  and  that  he  generally 
drugged  himself,  and  was  opposed  to  doctors; 
she  told  me  a  hottle  of  laudanum  had  fallen 
from  his  bed:  I  don’t  remember  whether  she 
said  she  or  a  servant  had  found  it;  she  said 
that  being  a  man  who  drugged  himself,  Gen. 
Ketch n m  might  have  taken  the  tartar  emetic 
by  mistake;  I  told  her  that  to  my  mind  it  was 
(impossible  from  the  fact  that  tartar  emetic 
had  not  only  been  found  in  Gen.  Ketchuin’s 
stomach,  but  also  in  a  tumbler  of  milk  punch, 
and  that  that  was  satisfactory  to  my  mind 
that  the  General  could  not  have  taken  it  by 
mistake  and  that  he  had  not  had  access  to  the 
place  where  the  second  dose  of  tartar  emetic 
had  been  found— that  is  in  the  tumbler:  I 
don’t  remember  that  she  made  any  reply; 
what  I  have  stated  is  all  I  remember  of  the 
conversations  I  had  with  Mrs.  Wharton. 

The  witness  was  now  turned  over  to  the  de¬ 
fence,  and,  after  a  few  moments’  consultation 
with  Mrs.  Wharton,  Mr.  Steele  proceeded  to 
cross-examine  him  as  follows  ; 

I  endeavored  to  be  as  kind  to  Mrs.  Wharton 
as  my  official  duties  would  allow;  she  told  me 
that  no  gentleman  was  on  the  premises;  I  do 
not  remember  whether  or  not  she  asked  me  if 
the  servants  could  be  allowed  to  return  that 
night;  I  remember  that  she  was  solicitous  for 
her  servants;  we  finished  with  both  of  the 
servants  that  night,  but  with  Susan  first;  we 
sent  an  officer  with  the  servants,  that 
they  might  not  be  molested  on  the  way; 
before  arresting  her  I  had  never  inti¬ 
mated  that  she  was  the  suspected  party: 
in  the  first  conversation  I  did  not  suspect  her 
at  all;  I  cannot  relate  the  whole  of  her  con¬ 
versations,  but  some  I  remember  verbatim;  I 
first  saw  her  on  the  7th  of  July;  no  one  was 
present  at  the  interviews  between  Mrs. 
Wharton  and  myself;  I  don’t  remember  that 
ipon  one  occasion,  when  her  daughter  was 
ibout  to  enter  the  room,  that  Mrs.  Wharton 
shut  the  door;  I  remember  that  I  desired 
ny  conversations  to  be  with  her  alone, 
md  that  they  were:  I  had  at  least 
ive  interviews  with  Mrs.  Wharton,  and 
:  [  told  her  at  the  first  that  tartar 
imetic  had  been  found  in  Gen.  K.’s  remains: 
t  was  after  that  conversation  that  she  said 
le  might  have  taken  it  by  mistake;  when  I 
out  the  guard  around  her  house  I  did  not 
hen  tell  her  that  she  was  suspected,  but  that 
10  one  connected  with  the  house  would  be 
lermitted  to  leave;  I  relate  what  I  told  her, 
>nt  that  was  not  what  I  really  meant;  the 
ast  conversation  I  had  with  Mrs.  Wharton 
vas  on  Monday,  July  10,  about  half-past  3 
i  M. 

James  C.  Rogers  was  now  called  and  testi- 
ied— I  have  been  in  the  drug  business  twenty- 
ive  years,  and  I  am  uow  of  the  firm  of  Cole- 
aan  &  Rogers;  I  am  the  proprietor,  Mr.  Cole- 
lan  being  dead;  the  witness  was  now  shown 
he  bottle  of  laudanum  found  in  General  K.’s 
■ed.  Continuing — I  smell  opium;  by  ordinary 
(S6  I  shou  d  suppose  it  would  require  six 
lonths  or  a  year  to  assume  its  present  look; 
al  ivays  label  medicines  sent  out;  this  is  not 
he  style  of  bottle  I  use;  we  use  the  French 
quare.  and  this  is  known  as  the  flint  bottle: 
b  is  our  rule  to  stamp  “Coleman  &  Rogers” 
n  the  cork;  if  this  vial  had  been  purchased  of 
3 


me  on  June  24,  it  would  not  now  have  the  in¬ 
crustations  I  observe  unless  heat  had  been  ap¬ 
plied  to  it. 

Cross-examined  by  Mr.  Hagner— I  know  of 
no  case  in  which  the  label  of  lgudanum  has 
been  left  off  in  my  store;  it  requires  fully  six 
months  to  make  the  sediment  now  in  this 
vial;  we  do  not  keep  laudanum  bottled  up, 
and  would  fill  a  bottle  brought  us  by  a  person 
who  wanted  it;  we  would  take  one  of  our  own 
corks  and,  most  probably,  stamp  it  with  our 
firm  name;  I  have  never  seen  Mrs.  Wharton  in 
our  establishment  to  know  her  personally;  I 
did  not  know  her  by  sight. 

Mrs.  Wharton  now  raised  ner  veil,  at  the 
request  of  Mr.  Revell,  and  there  was  a  stir  in 
the  court  room,  many  evidently  desiring  to 
get  a  glimpse  of  her  face-  Mr.  Rogers  said  he 
did  not  recognize  her,  and  she  lowered  her 
veil. 

Colonel  H.  D.  Loney  was  next  called,  and 
testified — I  have  lived  all  my  life'in  Balti¬ 
more;  I  am  a  member  of  the  bar;  I  know  Mrs. 
Wharton:  I  never  had  any  conversation  with 
her  until  the  week  before  General  K.’s  death; 
I  was  sent  for  to  go  to  her  house  to  see  a  sick 
person,  and  I  was  informed  that  General  K., 
too,  was  sick  there,  but  I  did  not  see  him;  the 
only  conversation  I  can  recall  about  General 
K.  was  on  Tuesday,  the  day  before  he  died;  I 
was  in  Mrs.  Wharton’s  dining  room  on  Tues¬ 
day,  between  5  and  6  P.  M.;  Mrs.  Wharton 
came  in  and  stated  that  she  was  going  to  Sta- 
bler’s  to  get  brown  stout;  I  offered  to  go  for 
her,  but  she  said  she  wanted  the  walk;  she 
returned  in  a  few  moments  with  a  bottle 
wrapped  up,  and  said  she  was  going  to  make 
a  saugaree  for  General  K.;  she  went  to  the 
sideboard  and  mixed  it:  1  did  not  see  how 
much  water  she  used;  I  recommended  her  to 
put  nutmeg  in  it;  she  stated  it  was  difficult  to 
get  him  to  take  anything  when  he  was  sick, 
and  that  he  was  peculiar  about  taking  things, 
but  that  she  would  put  the  nutmeg  in  and 
try  it;  she  took  the  saugaree  up  stairs  and  re¬ 
turned  in  a  few  moments,  and  said  that  Gen. 
Ketch um  had  taken  it;  I  think  that  was  all  that 
occurred  at  that  time;  I  don’t  remember 
anything  further  that  she  said  at  that  time; 
subsequently  she  went  out  riding  with  me 
to  Druid  Hill  Park;  Mrs.  Wharton  said  it  was 
difficult  to  get  General  K.  to  take  anything 
when  he  was  sick,  and  that  she  did  not  know 
that  he  would  take  the  saugaree  without  the 
nutmeg;  I  cannot  state  at  what  time  we  re 
turned  from  our  ride;  I  suppose  it  was  about  8 
o’clock. 

Cross-examined  by  Mr.  Steele— I  had  diffi¬ 
culty  in  fixing  in  my  mind  the  day  upon  which 
this  occurred;  I  thought  it  was  Monday  until 
about  three  weeks  ago;  I  remember  giving 
you  (Mr.  Steele)  and  Mr.  Thomas  a  statement, 
bnt  might  have  omitted  to  state  all  I  have 
stated  here. 

Colonel  Loney  now  explained  how  his 
memory  had  been  refreshed  in  reference  to 
the  date,  by  going  to  StablePs  and  finding 
out  from  their  books  the  day  upon  which  Mrs. 
Wharton  had  purchased  the  brown  stout. 

Continuing— I  was  summoned  before  the 
Grand  Jury,  but  was  not  required  to  testify;  I 
could  not  say  who  pulled  the  cork  out  of  the 
bottle  of  brown  stout;  I  don’t  remember  who 


36 


THE  WHARTON- KETGHUM  TRIAL. 


was  in  the  room;  if  I  had  seen  Mrs.  Wharton 
polling  the  cork  I  think  I  would  have  offered 
to  do  it  for  her. 

To  Mr.  Syester— Mrs.  Wharton  gave  me  no 
reason  for  getting  the  brown  stout  for  Gen. 
Ketchum. 

Mrs.  Col.  Loney  was  next  called,  and  testi¬ 
fied— I  reside  in  Baltimore;  I  have  known  Mrs. 
Wharton  between  four  and  five  years:  I  re¬ 
side  within  three  or  four  squares  of  her  resi¬ 
dence;  I  never  knew  Gen.  Ketchum  until  I 
met  him  at  Mrs.  Wharton’s  on  Saturday  even¬ 
ing;  I  saw  him  when  he  entered  the  house, 
went  up  stairs,  and  afterwards  when  he  came 
into  tea;  the  General  was  simply  introduced 
to  me,  and  I  was  not  present  during  the  time 
he  was  taking  tea;  I  was  in  the  tea  room  on 
the  next  evening  (Sunday)  when  he  entered;  I 
did  nor  take  tea  with  him;  I  never  saw  him 
again  until  just  before  he  died;  I  heard 
him  on  Tuesday  afternoon;  I  think  it  was  be¬ 
tween  6  and  7  o’clock;  I  heard  him  vomiting;  I 
was  on  the  first  floor  and  he  was  on  the  third 
floor;  I  have  no  recollection  how  long  the 
vomiting  continued;  I  knew  he  was  suflering, 
and  I  asked  my  mother  to  go  to  him;  that  was 
on  the  afternoon  of  the  day  ray  husband  took 
Mrs.  Wharton  to  ride;  the  vomiting  was  heard 
after  they  had  left;  1  do  not  remember  that  my 
husband  took  Mrs.  Wharton  riding  on  an’v 
other  occasion:  on  Monday  morning  I  was 
standing  on  the  front  steps  with  Mr.  Moale 
wlien  Mrs.  Wharton  entered  the  gate;  at  first  I 
did  not  recognize  her;  it  was  early,  she  said  she 
had  been  out  to  the  provision  store;  I  think  it 
was  between  7  and  8  o’clock;  breakfast  had 
not  been  served;  I  don’t  recollect  any  other 
conversation  with  Mrs.  Wharton:  I  went  to 
Mrs.  Wharton’s  on  Wednesday  a  little  after  11 
A.  M.,  and  went  ot  once  to  my  brother’s  room: 
after  remaining  there  a  very  few  minutes  I 
was  called  to  the  door  and  had  a  conversation 
with  Mrs.  Van  Ness;  I  entered  the  dining 
room  and  found  her  standing  with  a  wine¬ 
glass  of  milk  punch,  which  she  had  poured 
from  a  tumbler,  in  her  hand;  as  far  as  I  can 
recollect  the  tumbler  was  on  the  table,  giving 
me  an  idea  that  something  was  wrong 
with  the  milk  punch,  the  tumbler  having  a 
eculiar  looking  deposit  in  the  bottom  of  "it; 
then  asked  her  to  hand  me  the  tumbler, 
and  tasted  the  sediment;  I  noticed  nothing 
sweet  about  it,  but  it  left  a  grating  sensation 
in  my  throat  such  as  I  have  felt  after  taking 
magnesia;  it  left  also  a  very  strong  metallic 
taste  in  my  mouth;  I  took  a  little  of  it,  and 
rubbed  it  on  my  hand  to  see  if  there  was  any¬ 
thing  sticky  about  it,  but  there  was  not;  I 
asked  them  to  let  me  have  the  tumbler,  and 
I  put  it  in  my  pocket;  I  returned 
to  mv  brother’s  room,  to  avoid  any  suspicion 
he  might  have  that  anything  wrong  was 
going  on  in  the  house;  I  then  took  the 
tumbler  to  my  mother’s;  I  returned  to  Mrs. 
Wharton’s  with  the  tumbler,  and  went  into 
the  third  story,  where  my  sister,  Mrs.  Hutton, 
was;  Mrs.  Wharton  very  kindly  showed  me 
into  a  little  room,  and  said  I  could  converse 
there  with  my  sister.  (The  witness  was  not 
allowed  to  relate  the  conversation).  Con¬ 
tinuing— Mrs.  Wharton  asked  me  if  I  was 
going  down  town,  and  asked  me  also  to  look 
at  General  Ketchum  and  see  if  I  thought  he 


was  as  ill  as  the  others  thought  hi 
was;  she  asked  me  to  take  a  telegran 
which  she  had  wriiten  to  Genera 
Brice;  I  looked  at  General  K.  a  moment  anr 
told  her  he  looked  to  me  very  much  like ; 
dying  man;  I  took  the  telegram;  that  wai 
between  12  and  half-past  12  o’clock;  1  went  t< 
my  husband’s  office,  and  he  told  me  it  wai 
then  twenty  minutes  of  1;  I  went  in  a  cai 
from  Eutaw  street  and  Madison  avenue  t< 
the  corner  of  Baltimore  and  Charles  streets 
my  husbaDd  went  with  me  to  the  telegrapt 
office;  the  despatch  was  sent  at  12:55;  when  ] 
went  into  General  Ketebum’s  room  Mr 
Snowden  was  with  him;  I  went  from  th< 
telegraph  office  with  my  husband  ti 
the  office  of  an  analytical  cliemisi 
named  Tourney,  on  Postoflice  avenue 
but  he  was  not  at  home;  we  then  weni 
to  Andrews  &  Thompson,  on  Baltimore  street 
and  found  only  Mr.  Thompson  there;  I  put  tb< 
tumbler  on  the  glass  case  in  front  of  me,  atic 
Mr.  Thompson  took  out  a  little  on  his  pen¬ 
knife  and  put  it  on  a  copper  cent,  consulted  i 
book,  and  put  a  drop  of  some  acid  upon  it;  hi 
made  one  test,  and  then  took  out  some  mort 
and  made  another  test:  acting  upon  his  advict 
I  put  the  tumbler  in  my  pocket,  got  in  the  car 
and  went  to  Lanvale  street,  to  Dr.  Chew’: 
house;  he  was  not  at  home  then;  after  stopping 
for  a  moment  at  my  own  house,  I  returned  t< 
Mrs.  Wharton;  all  this  time  I  kept  the  tumble' 
in  my  pocket,  pinned  iD;  I  showed  Dr.  Wil 
liams  the  tumbler,  and  he  put  a  little  o 
the  sediment  on  his  tongue,  but  dii 
not  swallow  it;  he  found  his  coa 
was  too  thin  to  disguise  the  shape  of  the  turn 
bier,  and  he  gave  it  back  to  me;  I  put  it  in  no 
pocket;  k«pt  it  until  the  afternoon  and  liaudei 
it  to  Dr.  Chew;  the  tumbler  was  never  out  o 
my  sight:  Mr.  Crawford  Neilson  took  some  o 
the  sediment  out;  my  mother  took  out  a  little 
enough  to  blister  her  lips;  Mr.  Neilson  said  i 
did  not  taste  peculiar  to  him:  I  don’t  know  a 
what  provision  store  at  which  Mrs.  Wharto 
dealt;  there  is  one  (Keller’s)  near  her  res 
dence;  I  know  where  Gosman’s  drug  store  i: 
the  shortest  way  to  Gosman’s  from  Mrl 
Wharton’s  residence  is  by  Keller’s  sron  i 
I  cannot  state  the  direction  from  whic' 
Mrs.  Wharton  was  coming  when 
saw  her  enter  her  gate  on  Monday  mornin; 

I  heard  General  Ketchum  coming  flown  stab 
on  Sunday  night. 

Cross-examined  by  Mr.  Steele— Mrs.  Wha: 
ton  said,  when  she  came  in,  on  Monday  morr 
ing,  til  ax  she  had  been  to  get  something  fc 
breakfast:  she  did  not  say  what  she  had  go 
ten;  Mr.  Moale  was  the  only  person  presei 
with  me  at  that  time;  I  started  from  my  horn 
at  11  A.  M.  on  Wednesday:  I  had  the  teiegrai 
stuck  in  my  glove;  I  tied  my  pocket-haudke 
chief  over  the  tumbler  before  leaving  Mr 
Wharton’s;  I  laid  the  handkerchief  over  tl 
top  of  the  tumbler,  wrapped  it  around  tl 
base  of  the  turn  bier;  it  would  have  been  astigl 
as  a  preserve  jar  if  I  had  had  a  string  to  ha' 
tied  it:  I  think  all  the  fluid  had  been  poured  o 
I  hardly  know  whether  or  uot  the  sedimei 
was  moist  when  I  first  took  the  tumbler;  it.  b« 
came  dry  as  I  carried  it  in  my  pocket;  I  pr 
sunie  it  was  after  6  o’clock  before  my  busbar 
and  Mrs.  Wharton  started  on  their  ride;  Mr 


THE  WHA  R  TON- EE  TO  HUM  TRIAL. 


Wharton  gave  me  the  telegram  after  I  came 
out  the  room  up  stairs  in  which  I  had  the  con¬ 
versation  with  my  sister,  Mrs.  Hutton;  I  did 
not  see  the  little  nursery  refrigerator;  it  was 
not  Mrs.  Wharton’s  refrigerator,  but  had  been 
brought  there  for  the  use  of  any  other  person 
who  was  sick  there  at  the  time;  I  cannot  re¬ 
member  whether  it  was  before  or  after  I  had 
had  the  conversation  with  Mrs.  Hutton  that  I 
told  Mrs.  Wharton  I  thought  Gen.  Ketch  um 
looked  like  a  dying  man. 

Mrs.  George  Warner,  Jr.,  was  next  called, 
and  testified— I  have  resided  in  Baltimore  fif¬ 
teen  years;  I  have  known  Mrs.  Wharton  since 
abouo  the  beginning  of  the  late  war;  I  saw 
her  on  the  Monday  preceding  General  Ket- 
chum’s  death;  she  was  on  Biddle  street,  near 
Madison;  I  cannot  say  positively  at  what 
time;  I  left  my  home,  No.  78  Franklin  street, 
at  a  quarter-past  6  A.  M.;  I  wished  to  see  my 
sister,  Mrs.  Chubb,  before  her  departure  that 
morning  from  Mrs.  Wharton’s;  I  continued  up 
to  Eutaw  street,  and  went  as  far  down  as 
Mount  Calvary  Church,  thence  to  Biddle 
street;  as  I  turned  into  Biddle  street  from 
Madson  I  saw  Mrs.  Wharton  approaching  me 
from  the  direction  of  her  home;  when  we  met 
I  asked  her  if  my  sister  had  left;  I  think  it  is 
about  seven  squares  from  my  house  to  the 
point  at  which  I  met  Mrs.  Wharton. 

Mr.  James  McAvov  was  next  called  and  tes¬ 
tified— I  am  an  accountant  in  the  banking 
house  of  Alexander  Brown  &  Sons,  corner  Bal¬ 
timore  and  Calvert  streets;  I  have  known  Mrs. 
Wharton  for  five  years;  I  was  not  acquainted 
with  General  Ketchum,  but  was  once  intro¬ 
duced  to  him;  I  went  to  Mrs.  Wharton’s  about 
1  P.  M.  on  Sunday,  June  24,  and  went  again  at 
4  P.  M.;  I  was  there  again  as  9  o’clock  that 
night;  Mrs.  Chubb  and  General  K.  were 
Bitting  at  the  tea  table;  Mrs.  Wharton  asked 
me  if  I  would  get  her  a  bottle  of  brandy  from 
the  room  of  Mr.  Van  Ness;  I  got  the  brandy 
and  handed  it  to  her;  she  said  she  wanted  to 
make  General  K.  some  punch  or  toddy,  I  don’t 
remember  which;  after  a  short  interval  I 
looked  in  the  dining  room  and  saw  the  Gen¬ 
eral  stirring  a  tumbler;  that  was  about  9 
o’clock;  I  then  went  into  Mr.  Van  Ness’  room 
and  staid  with  him  until  about  12  o’clock;  I 
then  went  into  the  dining  room  and  laid  down 
on  a  lounge;  in  about  ten  minutes  I  heard  a 
step  on  the  stairs,  and  I  heard  a  fumbling  at 
the  lock  of  the  front  door;  I  went  forward 
and  saw  it  was  General  Ketchum;  as  soon  as 
I  got  to  the  door  he  evidently  knew  that  I  had 
come  to  stop  the  noise,  for  he  said  to  me  at 
once  that  he  would  not  go  out  that  door,  but 
would  go  out  the  back;  he  came  through  the 
dining  room  and  went  through  the 
kitchen,  opened  the  back  door  and 
went  out  into  the  yard;  I  laid  down 
again,  and  in  about  five  minutes  I  heard 
another  step  on  the  stairs;  Mrs.  Wharton  now 
came  in,  and  said  she  was  afraid  the  General 
was  sick  and  that  she  was  going  to  give  him 
some  brandy  and  ginger;  she  unlocked,  I 
think,  two  cupboards  and  a  sideboard;  after 
she  got  the  bottle  of  brandy  she  left  the  room 
and  went  up  stairs;  I  then  laid  down  again  on 
:  the  lounge  and  was  there  probably  ten  or  fif¬ 
teen  minutes  when  I  heard  the  back  door  open 
from  the  outside;  I  saw  General  K.  come  in;  he 


37 


passed  through  without  stopping  or  saying 
anything,  and  went  up  stairs;  I  saw  no  one 
else  from  up  stairs  during  that  night;  I 
do  not  know  whether  or  not  Mrs.  Wharton 
got  the  ginger;  the  General  did  not  tell 
me  when  he  went  out  what  was  the  matter 
with  him;the  yard  of  Mrs.  Wharton’s  residence 
has  an  iron  railing  in  front  and  a  high  wooden 
fence  in  the  rear;  I  was  not  asleep  in  the  in 
terval  between  General  K.’s  going  out  and  his 
return;  I  think  I  could  have  heard  a  touch 
upon  the  gate  latch;  I  never  saw  General  K. 
again;  I  left  Mrs.  Wharton’s  between  4  and  5 
o’clock  the  next  morning;  I  did  not  see  Mrs. 
Wharton  again  that  night;  everything  was 
quiet  after  General  Ketchum  returned  up¬ 
stairs. 

Cross-examined  by  Mr.  Steele— I  saw  Mrs. 
Chubb  and  General  Ketchum  sitting  at  the 
tea  table,  the  room  is  not  large;  the  dining 
room  door  and  the  parlor  room  door  face  each 
other;  the  brandy  was  sitting  on  the  table  in 
Mr.  Van  Ness’  room  with  the  other  medicines; 
as  near  as  I  can  remember  Mrs.  Wharton  met 
me  at  the  dining-room  door  when  I  handed 
the  brandy  to  her;  it  is  my  impression  that 
when  Mrs.  Wharton  came  down  during  the 
night  she  got  the  same  bottle  of  brandy. 

The  Court  now  adjourned  until  to-morrow 
at  10  A.  M. 

The  following  additional  witnesses  for  the 
State  have  been  returned  summoned:  The 
Actuary  of  Girard  Life  Insurance  Company  of 
Philadelphia  (to  bring  documents);  adminis¬ 
trators  of  J.  F.  Jones,  of  Philadelphia,  to 
bring  letters  of  exemplification;  Samuel  L. 
Phillips,  lawyer,  Washington;  Dr.  Frank 
Donaldson,  Dr.  Wm.  T.  Howard,  Jas.  Rogers, 
of  the  firm  of  Coleman  &  Rogers;  Mr.  Gos- 
man.  druggist;  Gen.  G.  D.  Wise  and  Jas.  Mc- 
Avoy,  Henry  Johnston  and  Josiah  Lee  Johns¬ 
ton,  of  Baltimore. 


'S'BLVB'Ba  »A¥. 

Annapolis,  Md.,  December  14,  1871. 

Although  the  Wharton-Ketehum  trial  has 
been  unusually  protracted,  and  proved,  for  a 
day  or  more,  a  decided  bore,  the  interest  of 
the  public  seems  as  eager  now  as  when  a  nar¬ 
ration  of  the  circumstances  surrounding  the 
case  was  begun.  The  general  desire  seems  to 
be  to  learn  every  detail,  and  the  testimony  of 
the  witnesses  is  heard  with  remarkable 
patience.  The  ladies  who  attend  seem  to  at¬ 
tach  more  importance  to  the  circumstantial 
evidence  than  to  any  that  the  doctors  have 
given,  and  they  appear  to  eagerly  anticipate 
every  new  development,  especially  when  made 
by  the  ladies  who  are  called  to  the  stand. 

Mrs.  Wharton’s  manner  appears  unchanged. 
She  is  still  accompanied  by  the  ladies  who 
have  been  with  her  from  the  commencement 
of  her  trial.  Soon  after  the  opening  of  the 
court  this  morning  Mr.  Thomas  held  a  con¬ 
sultation  with  his  client,  and  her  manner  was 
earnest,  but  composed.  Whenever  these  con¬ 
sultations  occur  the  crowd  in  attendance  evi¬ 
dences  a  desire  to  watch,  and  the  eyes  of  all 
are  directed  at  such  times  towards  Mrs. 
Wharton  and  the  counsel  with  whom  she  may 
be  engaged. 


38 


THE  WHARTON-KETCHUM  TRIAL. 


Harry  W.  Snowden  was  first  called,  and 
testified— I  have  been  a  resident  of  Baltimore 
for  the  past  three  years;  I  am  slightly  ac-  | 
quainted  with  Mrs.  Wharton;  I  first  met  her 
last  spring;  I  did  not  know  General  K.  per-  ! 
sonally;  I  saw  him  on  Saturday,  June  24tli,  on 
the  Washington  train;  I  took  the  train  at 
Laurel  Station,  and  my  attention  was  at¬ 
tracted  to  General  K.  and  Mrs.  Chubb,  who 
were  pleasantly  engaged  in  conversation;  we 
got  in  the  same  street  car,  and  they 
got  out  at  Biddle  street;  General  Ketchnm 
seemed  very  well;  I  next  saw  them  at 
Mrs.  Wharton’s  house  the  following  Monday; 

I  next  saw  General  K.  on  Wednesday,  June 
28th,  at  about  12  or  a  quarter  past  12;  I  was 
summoned  from  the  room  of  a  sick  man  in  the  | 
house  bv  Mrs.  Wharton  to  go  to  General  K.’s 
room;  she  said  he  was  sick,  and  it  was  thought 
advisable  to  have  a  gentleman  with  him;  im¬ 
mediately  upon  my  being  called  out  Dr.  Wil¬ 
liams  came,  and  i  went  up  with  him;  I  fol¬ 
lowed  Dr.  Williams  into  General  K.’s  room;  I 
took  my  seat  by  his  bedside,  and  did  not  va¬ 
cate  it,  except  at  one  time  to  aid  Dr.  Williams 
in  moving  him;  when  I  first  saw  him 
he  struck"  me  as  being  a  very  sick 
man;  he  was  quite  quiet,  however,  and 
I  only  observed  some  little  twitching  of 
his  fingers;  I  remained  by  his  bedside  holding 
his  left  hand;  I  cannot  say  positively  that 
Mrs.  Wharton  entered  the  room  when  I  did; 
shortly  after  half-past  12  o’clock  Mrs.  Whar¬ 
ton  stated  to  Mrs.  Hutton  that  she  had  pre¬ 
pared  the  medicine  for  General  K.  as  the 
physician  had  prescribed  for  him;  I  did  not 
see  her  drop  the  medicine;  I  only  heard  her 
say  to  Mrs.  Hutton  that  she  had  dropped  it;  I 
do  not  remember  how  long  Mrs.  Whaiton  had 
been  in  the  room  before  she  made  that  remark 
to  Mrs.  Hutton;  during  Mrs.  Hutton’s  absence 
I  observed  Mrs.  Wbarton  at  the  bureau  in  a 
stooping  position,  and  I  suppose  she  was  drop* 
ping  the  medicine;  she  had  the  medicine  in 
a  teacup;  as  well  as  I  remember  it  was  about 
twenty  minutes  of  1  o’clock  when  she  pro- 

fosed  to  give  the  medicine  or  asked  the  time; 

remember  hearing  her  say  that  as  he  had 
been  eased  or  relieved  by  the  former  dose,  1 
that  she  would  like  to  give  the  next  dose;  she 
inquired  the  time  of  Mrs.  Hutton,  who  told 
her  that  the  time  had  not  arrived,  and  that  1 
o’clock  was  the  hour  named  by  Dr.  Williams; 
in  a  few  moments  more  she  inquired  the  time,  j 
and  I  said:  “Time  appears  long  when  one  is 
anxious;”  after  Mrs.  Wharton  had  inquired 
the  time  again,  Mrs.  Hutton  passed  her  watch 
to  her;  I  handed  it  to  her;  at  about  five  min¬ 
utes  to  1  Mrs.  Wbarton  came  forward 
and  asked  if  I  would  administer  the  medicine 
to  General  Ketchum,  and  I  told  her  I  would; 
she  passed  me  a  tablespoonful,  and  holding 
him  with  my  right  hand,  I  gave  it  to  him 
with  my  left;  I  gave  the  medicine  with  my 
left  hand  as  I  supported  him  with  my  right 
arm;  Mrs.  Whartou  requested  me  to  keep  the 
spoon  in  his  mouth,  and  said  she  would  pour 
in  the  balance;  she  then  poured  in  the  balance; 
tlie  first  quantity  given  was  a  full  tablespoon¬ 
ful;  I  did  not  see  the  cup,  but  I  am  satisfied 
that  it  was  quite  another  tablespoonful;  it 
may  have  been  more  or  less;  I  did  not  see  the 
40  drops  of  yellow  jasmine  dropped  here  by 


Dr.  Williams;  after  taking  the  medicine  Gen. 
Ketchum  laid  down  again  and  seemed 
quiet  for  about  ten  or  fifteen  minutes;  he 
then  began  to  show  symptoms  of  uneasi¬ 
ness;  those  symptoms  gradually  became  worse, 
until  he  was  taken  with  convulsions,  and  they 
became  more  and  more  severe,  and  were,  ac¬ 
cording  to  my  judgment,  uninterrupted,  that 
is,  a  continuous  convulsion;  at  times  they 
weTe  more  violent  than  at  others;  I  inquired 
of  Mrs.  Wharton  if  General  K.  had  been  in  ac¬ 
tive  service  during  the  late  war,  thinking 
that  he  might  probably  have  some  brain  af¬ 
fection;  she  at  first  replied  that  he  had  been  in 
active  service,  and  then,  upon  reflection,  cor¬ 
rected  herself  and  said  he  had  not  been; 
one  reason  why  I  made  the  inquiry  was 
that  I  saw  him  place  his  hands  to  the 
back  of  his  neck;  that  indicated  to  me 
that,  he  might  have  had  some  trouble  with 
his  brain;  shortly  after  placing  his  hands  to 
the  back  of  his  neck  he  put  his  hand  inside 
his  shirt  and  grabbed  himself  in  this  way, 
[here  the  witness  went  through  the  motion]; 
when  I  asked  Mrs.  Wbarton  if  General  K.  had 
been  in  active  service  during  the  late  war,  she 
said  he  had  at  one  time  a  fall  from  his  horse;  I 
cannot  remember  when  she  said  the  fall  oc¬ 
curred;  I  examined  his  breast,  and  removed 
his  hand  after  I  found  he  had  been  clutching 
himself;  he  made  a  slight  impression,  on 
his  throat,  but  it  was  not  so  marked  as  it  was 
just  under  the  collar  bone;  he  next  put  his 
hands  to  his  stomach;  I  asked  him  where  his 
pain  was,  and  after  I  had  repeated  the  inquiry 
several  times,  he  replied  “in  my  stomach, Sir;” 
that  was  all  that  he  said:  when 
siezed  with  the  convulsions  he  would  make 
motions  as  if  st.ruok  in  the  back;  his  counte¬ 
nance  indicated  intense  pain  or  agony;  his  ex¬ 
clamations  indicated,  too,  that  he  was  in  great 
suffering;  the  witness  was  now  handed  a  glass 
and  a  vial  containing  yellow  jasmine. 

Mr.  Syester  here  remarked  that  they  would 
have  to  send  for  spoons,  as  General  Butler  was 
uot  present.  This  remark  created  some  laugh¬ 
ter.  The  spoous  were  sent  for,  and  the  wit¬ 
ness  continued: 

The  ouly  part  I  could  gather  of  the  conver¬ 
sation  between  Mrs.  Wharton  and  Mrs.  Hut¬ 
ton  was,  that  Mrs.  Hutton  told  Mrs.  Wharton 
it  was  too  much,  and  oflered  to  drop  it  again: 
f  don’t  know  positively  what  Mrs.  Wharton 
did  with  the  spoon  and  the  cup,  but  I  remem-j 
ber  seeing  her  sitting  afterwards  on  the  sofa, 
holding  them  in  her  hand;  I  don’t  remember 
seeing  them  afterwards  in  the  room;  Mrs. 
Wharton  left  about  twenty  minutes  before! 
General  Ketchum  died;  I  did  not  see  Mrs.! 
Wharton  prepare  any  drink  or  mediciue;  I  re¬ 
member  hearing  her  say  that  she  was  going  to 
give  General  Ketchum  some  brown  stout:  I 
can’t  remember  the  day:  when  she  stated  she 
was  going  to  give  General  Ketchum  brown 
stout.  Colonel  Louey  advised  her  to  put  nut- ; 
meg  in  it;  she  said  she  scarcely  thought  he 
would  take  it  with  the  nutmeg,  but  that  she 
would  try  it;  she  then  left  the  dining  room; 
she  said  that  Dr.  Williams  had  said  that  Gen¬ 
eral  Ketchum  might  have  brown  stout;  shel 
did  not  say  how  Dr.  Williams  had  come  tol 
recommend  it;  I  don’t  remember  whether  or 


THE  WHARTON-KETCHUM  TRIAL. 


39 


not  the  bottle  was  wrapped;  I  don’t  remember 
whether  or  not  the  cork  was  drawn. 

Dr.  Williams  was  now  called,  and.  at  Mr. 
S.vester’s  request,  he  dropped  forty  drops  of 
the  yellow  jasmine  prescribed  for  General 
Ketchum,  and  adding  two  teaspoonfuls  of 
water,  put  it  in  a  glass  and  next  added  two 
tablespoonfuls  of  water. 

Mr.  Snowden,  continuing— The  dose  admin¬ 
istered  by  Mrs.  Wharton  to  General  Ketchum 
lid  not  bear  the  color  of  this  (holding  the 
glass  up  to  the  jury);  the  dose  which  was 
handed  me  in  the  spoon  bore  a  very  different 
appearance  from  this. 

Mr.  Snowden  now  took  up  a  tablespoonful 
md  said  it  still  did  not  look  like  what  he  had 
xdininistered  to  General  Ketchum. 
Continuing— I  could  not  see  the  bottom  of 
he  spoon  through  the  dose  Mrs.  Wharton 
landed  to  me,  but  in  this  I  can  seo 
t  distinctly;  the  dose  Mrs.  Wharton 
;ave  me  appeared  of  a  grayish  or  leaden 
•olor;  it  looked  turbid;  I  could  see  it 
lerfectly  well;  I  did  not  see  any  of  the  niedi- 
;ine  except  in  the  spoon;  I  saw,  however,  a 
Irop  of  it  on  a  towel  put  under  General  K’s 
ihin;  it  looked  of  a  leaden  color;  the  witness 
iow  nut  on  his  handkerchief  a  drop  of  the 
nixture  he  had  shown  the  jury, and  said  it  did 
tot  look  like  that  he  had  observed  oil  the 
owel  under  General  K’s  chin;  ho  next  dropped 
orty  drops  of  yellow  jasmine  in  the  mixture 
md  said  he  did  not  observe  the  same  cloudy 
ppearance  which  he  had  seen  iu  the  dose  ad- 
oinistered  to  General  K.  Continuing— I  was 
tot  present  when  General  K.  died;  I  was  pres- 
nt  when  the  chloralaud  chloroform  were  ad¬ 
ministered;  Ins  convulsions  at  that  time  were 
ery  violent  and  his  face  showed  that  he 
/as  suffering  great  agony;  when  a 
poon  handle  was  put  in  his  mouth  to  enable 
)r.  Williams  to  look  at  his  tongue  he  bit  upon 
t  so  violently  that  one  of  his  front  teeth 
tarted  to  bleed,  and  the  Doctor  removed  it;  I 
aw  Mrs.  Wharton  quite  often  while  at  her 
ouse;  I  was  in  attendance  upon  a  gentleman 
rho  was  lying  sick  in  her  parlor. 
Cross-examined  by  Mr.  Steele — I  was  asked 
}  go  to  General  K.’s  room,  as  he  had  tried  to 
et  up  and  Mrs.  Hutton  was  alone  with  him;  I 
eld  his  left  hand  nearly  the  whole  time  I  was 
■ith  him;  he  kept  raising  up  the  hand  Mrs. 
(utton  held,  and  said  “keep  me  in  motion;”  as 
■ell  as  I  remember,  the  windows  were  open; 
le  house  stands  between  two  larger  houses, 
nd  the  sun  may  have  been  excluded  by  them; 
re  light  was  not  at  all  disagreeable,  but  the 
)om  was  quite  light;  I  cannot  say  positively, 
ut  my  impression  is  very  strong  that  it  was  a 
rp  in  which  Mrs.  Wharton  had  the  dose  for 
eneral  Ketchum;  I  do  not  remember  that  a 
'ass  was  on  the  mantle;  I  did  not  see  the  first 
Dse  administered  by  Dr.  Williams;  General  K. 
jened  his  mouth  at  Mrs.  Hutton’s  request;  he 
id  little  or  no  difficulty  in  swallowing;  Mrs. 
i  ;rharton  approached  me  over  my  left  shoulder, 
file  witness  here  showed  how  he  held  Gen- 
al  K.  and  administered  the  rnedicinetohim.J 
did  not  see  the  cup  as  it  stood  upon  the  table; 
have  put  tartar  emetic  in  the  same  quantity 
:  yellow  jasmine  and  water  I  have  shown  the 
ry,  and  it  did  not  produce  the  color  of  the 
ise  given  General  K.;  I  did  not  state  that  to 


the  jury,  because  I  did  not  recall  it  at  the 
time;  the  first  motion  I  observed  General  K. 
make  was  the  putting  of  his  hands  to  the 
back  of  his  neck;  the  next  to  put  his  right 
hand  to  his  collar  bone;  then  both  hands  to 
his  throat,  and  next  to  his  stomach; 
as  well  as  I  remember,  Mrs.  Wharton, 
asked  me  the  time,  and  I  told  her 
my  watch  was  too  unreliable;  ,  that  was 
before  giving  the  dose;  I  am  certain  that  Mrs. 
Hutton  was  in  General  Ketchum’s  room  when 
Dr.  Williams  arrived,  but  I  cannot  speak  posi¬ 
tively  as  to  Mrs.  Wharton’s  having  been  there 
at  that  time;  I  think  Mrs.  Wharton  retired 
about  a, -quarter  past  1  o’clock;  a  colored  man 
was  also  in  the  room,  but  sat  most  of  the  time 
at  one  of  the  windows:  the  colored  man  was 
not  there  when  I  went  in;  I  left  him  there 
when  I  retired,  at  about  a-quarter 
past  2  o’clock;  as  well  as  I  can  remember,  Mrs. 
Hutton  sat  on  the  edge  of  the  General’s  bed, 
and  opposite  to  me;  the  General  lay  near  the 
edge  of  the  bed  next  to  me;  it  may  have  been  ten 
or  fifteen  minutes  after  Dr.  Williams’ arrival 
before  chloroform  was  given  him;  it  was  given 
in  a  towel;  I  don’t  remember  that  an  addi¬ 
tional  supply  of  the  chloroform  was  put  to  the 
towel;  the  adminstration  of  chloroform  was, 
as  well  as  I  remember,  given  from  time 
to  time  until  the  chloral  was  given;  the 
chloral  was  given  before  I  left  the  room, 
and  as  nearly  as  I  can  fix  the  time  I  left,  it 
was  half-past  12  o’clock;  the  towel  was  re¬ 
moved  from  his  neck  simultaneously  with  the 
removal  of  the  spoon;  I  had  no  particular  rea¬ 
son  to  look  at  the  towel;  I  am  only  prepared 
to  say  that  the  drop  on  the  towel  was  of  a  gray 
or  leaden  color;  I  do  not  remember  that  it  was 
before  or  after  she  gave  the  dose  to  Gen.  K. 
that  she  said  he  had  been  in  active  service; 
she  at  once  corrected  herself  and  said  he  had 
not  been  iu  active  service;  if  General  K.  had 
been  a  friend  of  mine  I  confess  I  don’t  think  I 
could  have  remained  and  witnessed  his  suf¬ 
ferings;  Mrs.  Wharton  may  have  told  me  that 
General  K.  had  been  engaged  in  one  of  the 
Departments  in  Washington,  but  I  cau’t  re¬ 
member  now;  Mrs.  Eugene  Van  Ness  is  the 
sister  of  my  wife. 

To  Mr.  Syester — The  experiment  I  made  with 
the  tartar  emetic,  which  I  have  spoken  of,  did 
not  originate  in  my  mind  entirely;  laudanum 
was  also  added;  it  occurred  in  the  office  of  Dr. 
Williams,  on  a  Monday,  early  in  July;  that 
mixture  produced  a  brownish  color,  with  a 
cloud,  which,  in  some  lights,  might  give  it  a 
gray  or  leaden  color. 

Mr.  Eugene  Van  Ness  was  next  called,  and 
testified— I  reside  in  Baltimore,  and  have  lived 
there  about  'eighteen  years;  I  have  known 
Mrs.  Wharton  about  nine  years;  I  was  at,  Mrs. 
Wharton’s  house  on  the  21th  of  June  last;  I 
was  there  while  General  Ketchum  was  in  the 
house. 

Mr.  Syester— “Don’t  answer  the  question  I 
am  now  about  to  ask  you  until  we  hear  from 
the  Court.  I  wish  you  to  relate  to  the  jury 
how  you  came  to  be  at  Mrs.  Wharton’s  on 
that  day,  if  you  were  well  or  sick,  and  de¬ 
scribe  your  fellings  and  symptoms  fully,  and 
how  you  happened  to  be  taken  sick  there  ?” 

Mr.  Steele — “Of  course  we  object.” 

Mr.  Syester— “Well,  we  will  argue  it  before 


40 


THE  WHA R TON-KETCHUM  TRIAL. 


the  Court.”  To  the  Court — “We  offer  to  show 
by  Mr.  Van  Ness  that  he  lay  sick  in  Mrs. 
Wharton’s  house  on  the  Saturday,  Sunday, 
Monday  and  Tuesday  preceding  General  K.’s 
death,  and  on  the  day  he  died;  that  his  symp¬ 
toms  were  the  same  with  those  of  General  K.,  ; 
and  that  tartar  emetic  was  found  in  the  ves¬ 
sels  in  use  at  Mr.  Van  Ness’  sickness;  and  that 
Mrs.  Wharton  knew  of  the  deadly  character 
of  the  medicine:  all  this  took  place  in  the 
same  house  and  at  the  same  time  at  which  it 
has  been  shown  General  K.  lay  sick  and  died.” 

Mr.  Hagner  said  the  question  was  not  one 
of  relevancy,  but  of  admissibility.  The  rule 
would  be  clearly  on  the  rules  of  common 
justice,  to  exclude  such  evidence:  if  one  evil 
act  could  be  brought  in,  fifty  could  be  brought  j 
in.  The  Constitution  of  the  United  States 
and  of  Maryland  guaranteed  that  a  person  | 
should  not  be  tried  twice  for  the  same  of¬ 
fence,  but  it  would  be  trying  a  person  twice 
with  a  vengeance  to  bring  in  such  testi¬ 
mony  as  was  now  offered. 

Mr.  Hagner  proceeded  to  annie  the  question 
involved,  and  quoted  from  Rex  vs.  Oddy,  1 
Hills  Reports,  316;  15  N.  H., State  vs.  Kennard; 
18  Ohio.  222,  old  series;  8  Cox. Queen  vs  Wins¬ 
low;  27  Law  Journal,  p.214:  4  Foster  and  Final- 
son,  Queen  vs.  Garner.  346;  1st  Lee,  574;  2d 
Cushing,  p.  590:5  Grattan,  Wharton,  635,  824 
and  640;  3  Greeuleaf,  sec.  19;  20  Alabama,  and 
other  appropriate  authorities. 

Mr.  Thomas  followed,  arguing  that  the  evi¬ 
dence  was  inadmissible  on  general  principles. 
The  alleged  crimes  were  not  so  connected  as 
to  admit  of  the  introduction  into  the  trial  for 
the  poisoning  of  General  Ketehuni  of  the  evi¬ 
dence  in  the  case  of  Mr.  Van  Ness.  If  both  had 
partaken  of  the  same  food,  and  had  been  made 
sick,  that  fact  would  be  most  pertinent  to  the 
issue:  but  the  State  had  admitted  that  Mr. 
Van  Ness  lay  sick  in  Mrs.  Wharton’s  house 
before  General  Ketchum  arrived.  A  com¬ 
mon  motive  had  not  been  alleged,  and  it  was 
not  even  offered  to  prove  anv  motive  for  the 
alleged  poisoning  of  Mr.  Van  Ness.  The 
defence  was  not  resisting  the  evidence 
from  fear  of  the  effect  on  the  trial  of 
the  Van  Ness  case,  but  because  it  could  only! 
prejudice  the  minds  of  the  jury  now  trying 
the  graver  charge,  that  of  the  murder  of  Gen¬ 
eral  Ketchum.  What  propriety  could  there 
be  in  this  jury  trying  the  question  of  the  poi¬ 
soning  of  Mr.  Van  Nessf  It  makes  no  differ¬ 
ence  that  Mr.  Van  Ness’  case  is  now  pending 
in  this  Court. 

Mr.  Thomas  quoted  in  his  argument,  from 
Wharton's  Criminal  Law,  sections  635  and 
640,  note,  end:  Rex  vs.  Thomas  Smith,  2d  Car¬ 
rington  and  Paine,  p.  295,  and  other  author¬ 
ities,  and  said,  in  conclusion,  that  in  his  opin¬ 
ion  the  evidence  was  clearly  inadmissible 
even  upon  general  principles  of  the  law. 

Mr.  Revell  said  the  circumstantial  evidence 
was,  after  all,  but  presumptive  evidence,  and 
it  was  competent  to  make  out,  link  by  link,  a 
perfect  connection  of  circumstances.  It  had 
been  shown  that  tartar  emetic  had  been 
found  in  Mrs.  Wharton’s  possession,  and  Mar¬ 
shal  Frey  had  shown,  by  her  admissions  to 
him,  that  she  had  tartar  emetic  in  her  pos¬ 
session  three  times  on  Monday,  Juue  25.  Lord 
Ellenborough  says:  “It  crimes  do  so  in¬ 


termix,  the  Court  must  go  through  the 
details.”  Mr.  Revell  read  from  Wills  on  Cir¬ 
cumstantial  Evidence,  page  63,  premeditated 
crime  must  be  preceded  not  only  by  impelling 
motives  but  by  the  possession  of  the  means. 
Wilson,  Circumstantial  Evidence,  page  179.  It 
is  clearly  established  that  it  is  not  necessary 
to  prove  the  corpus  delecti  bv direct  evidence: 
1st  Greenleaf,  sec.  108;  Roscoe  on  Criminal 
Evidence,  5th  American  edition,  page  87; 
Wharton  on  Crime,  sec.  649.  When  the  acts 
form  one  transaction  the  evidence  is 
admissible;  5th  Carrington  &  Paine, 
155,  Rex  vs.  Salisbury — this  seems  to  over¬ 
rule  Rex  vs.  Smith,  in  2d  C.  &  P.;  1st 
Archibald’s  Criminal  Practice  and  Pleadings, 
page  120;  1st  Lee  Reports,  page  576;  8th  Cox. 
nage  455;  4th  Foster  and  Finlason,  Regina  vs. 
Garner,  and  Regina  vs.  Harris;  27  Law  Jour¬ 
nal,  Rex  vs.  Garey,  and  2d  Cox,  Queen  vs. 
Bayley,  page  311. 

In  conclusion,  Mr.  Revell  said: 

“The  testimony  of  Mr.  Van  Ness  is  import¬ 
ant  and  admissible,  and  it  should  go  to  the 
jury  to  unfold  and  reveal  to  them  all  the  cir¬ 
cumstances  connected  with  this  terribly  dark 
transaction.” 

Attorney  General  Syester  followed  for  the 
State,  and  said  that,  if  it  was  competent  to 
prove  that  in  Mrs.  Wharton’s  house  the  deadly 
means  of  crime  had  been  found,  it  was  com¬ 
petent  to  prove  it  by  Mr.  Van  Ness,  who  was 
there  languishing.  He  did  not  understand 
that  the  evidence  was  objected  to  because  it 
was  relevant  to  another  case.  It  was.  how¬ 
ever,  contended  that  the  mere  fact  of  tilt 
pendency  of  another  indictment  cut  the-State 
out  from  the  evidence  relevant  to  both,  Mr 
Syester  then  quoted  at  some  length  from  1st 
Lee,  State  vs.  Walker:  5th  Carrington  A 
Paine,  claiming  that  the  case  quoted  fron 
2d  Carrington  &  Paine  had  been  met  anc 
overruled;  Lewwyn’s  Crown  cases,  p.  103.  Jas. 
Kirwood’s  case,  decided  in  1830;  note  3  and  sec 
tiou  322, Taylor’s  Law  of  Evidence,  Lord  Den 
man’s  decisions  referred  to  there;  Wharton  oi 
Homicide,  p.  324,  and  numerous  other  au 
thorities. 

Mr.  Syester  spoke  with  his  usual  earnest' 
ness  and  ability,  and  was  listened  to  by  tin 
Court  and  audience  with  profound  attention 
Upon  the  conclusion  of  his  argument  tin 
Chief  Judge  asked  Mr.  Steele  if  his  healtli 
would  permit  him  to  further  argue  the  ques 
tion  to-day,  so  that  the  Court  might  renderitt 
decision  to-morrow  morning  upon  reasseni 
bling.  Mr.  Steele  said  his  health  was  too  fee: 
ble  to  proceed  further  to-day,  and  that  in  con: 
sequence  of  his  ill-health  he  had  to  go  to  bee 
in  the  afternoons. 

The  Chief  Judge  then  adjourned  the  Conr 
until  to-morrow  at  10  A.  M„  when  Mr.  Steel 
will  close  for  the  defence. 

It  is  anticipated  that  the  effort  of  Mr.  Steele 
to-morrow,  will  be  a  most  able  one,  and  ij 
every  way  worthy  of  his  high  reputation.  I 

The  Chief  Judge  again  ordered  the  Sheri 
to-day  not  to  take  the  jury  out  of  the  Conr 
room  uutil  the  audience  had  departed,  and  i 
seemed  the  anxious  desire  of  the  Court  t 
keep  the  jury  from  even  theslightest  imprope 
influence. 

Geo.  M.  Gill,  Esq.,  of  Baltimore,  havinj 


THE  WHA R TON- KETCHUM  TRIAL. 


41 


been  summoned  by  the  State,  appeared  in 
Court  to-day,  and  occupied  aseat  immediately 
to  the  left  of  Miss.  Wharton.  E.  O.  McNear, 
a  banker  of  Washington,  has  also  been  sum¬ 
moned  by  the  State. 


ELEfEMTSI  1>1¥, 

Annapolis,  December  15, 1871. 

In  many  respects  the  great  Wharton- 
Ketchum  trial  has  become  decidedly  monot¬ 
onous,  and  apart  from  the  discussions  of  coun¬ 
sel,  and  the  testimony  of  witnesses,  there  is 
but  little  to  attract  special  attraction.  The 
interest  ot  the  spectators  has  evidently  been 
considerably  subdued  by  the  tedium  of  a  great 
part  of  the  proceedings,  and  the  eagerness  to 
see  the  prisoner  and  catch  the  slightest  ex¬ 
pression  of  counsel  or  witnesses,  which  was 
so  marked  during  the  first  week,  is  no  longer 
observable.  The  court  room  is,  however,  still 
crowded  each  day,  and  the  public  seem  de¬ 
termined  to  learn  all  that  is  to  be  said  on 
either  side.  The  patience  of  the  ladies  is  re¬ 
markable,  and  by  the  constant  attendance 
they  manifest  the  most  earnest  interest. 

Mrs.  Wharton’s  carriage  arrives  each  morn¬ 
ing  in  front  of  the  Court  House  a  few  minutes 
before  10  o’clock,  and-Sheriff  Chairs  or  Deputy 
Sheriff  Basil,  alighting,  assists  the  prisoner,  her 
daughter  and  Mrs.  Nugent  from  the  vehicle. 
Mr.  and  Mrs.  J.  Crawford  Neilson  and  Miss 
Rosa  Neilson  then  join  them,  and  the  party 
eDt.er  the  court-room  without  attracting  much 
attention,  and  quietly  occupy  the  seats  imme¬ 
diately  in  rear  of  Mrs  Wharton’s  counsel. 
Mrs.  Wharton,  Miss  Wharton  and  Mrs.  Nugent 
appear  in  black,  and  are  deeply  veiled,  and 
the  prisoner  and  her  daughter  remain  veiled 
until  their  return  to  the  carriage.  Mrs.  Nugeut 
usually  removes  her  veil  after  arriving  in  the 
court-room,  and  reveals  a  remarkably  pleas¬ 
ant,  though  a  rather  sad,  expression 
of  countenance  and  a  face  that  was  doubtless 
beautiful  in  happier  years.  Her  manners  are 
very  quiet,  but  she  seems  to  keenly  appreciate 
the  sorrow  which  now  surrounds  her  Mrs. 
Wharton’s  manner  is  still  very  composed, 
and  except  when  consulting  with  her  counsel, 
or  exchanging  a  few  words  with  her  daughter 
or  Mrs.  Neilson,  she  remains  perfectly  quiet. 
Her  countenance  cannot  be  seen  throu'gh  her 
heavy  veil,  and  no  changes  of  expression  can, 
of  course,  be  observed.  Miss  Wharton  ap 
pears  in  much  better  spirits  than  during  the 
first  week  of  tho  trial,  and  frequently  con¬ 
verses  pleasantly  with  Miss  Neilson,  who  sits 
near  her,  and  her  cousin,  Mr.  H.  Moon  Whar¬ 
ton,  of  Philadelphia,  who  sits  to  her  left. 

Upon  the  opeuing  of  the  Court  this  morn¬ 
ing,  the  Chief  Judge  said  the  question  argued 
on  yesterday  had  before  been  considered  by 
the  Court,  and  the  Court  did  not  think  that 
further  argument  would  change  its  opinion,  as 
it  had  already  considered  the  question  fullv. 
The  general  rule  of  evidence  was  that  the  tes¬ 
timony  must  be  confined  to  the  issue.  The 
important  rule  is  also  laid  down  that  the 
prosecution  cannot  go  into  the  question  of  the 
prisoner’s  character,  unless  the  way  is  opened 
to  them  by  the  defence.  These  are  two  well 


defined  rules.  When  the  law  allows  the  facts 
of  another  offence  to  he  given  in  evidence,  the 
pendency  of  another  indictment  makes  no  dif¬ 
ference. 

The  Chief  Judge  then  read  from  Roscoe,  on 
Crimiual  Evidence,  touching  this  point.  It  is 
not  necessary  to  prove  guilty  knowledge  in 
this  case  by  "the  fact  that  tartar  emetic  is  well 
known  to  be  a  deadly  poison  when  given  in 
overdoses.  The  Chief  Judge  then  read  from 
Archbald’s  Criminal  Practice,  touching  the 
question  of  what  constituted  a  whole  trans¬ 
action,  and  said  the  offence  of  attempting  to 
poison  Mr.  Van  Ness  was  a  separate  and  dis¬ 
tinct  offence,  and  the  testimony  in  his  case 
was  not  admissible  in  the  case  at  the.bar. 

During  the  delivery  of  the  opinion  of  the 
Court  the  most  respectful  silence  was  ob¬ 
served,  and  both  sides  seemed  to  appreciate 
fully  the  importance  of  the  decision. 

After  considerable  consultation  between 
the  respective  counsel,  Mr.  Syester  submitted 
the  following  to  the  Court  without  reacting  it 
and  without  argument:  “The  State  now  offers 
to  introduce  evidence  to  show  that  whilst  the 
deceased  lay  languishing  in  the  prisoner’s 
house  certain  articles  of  food  and  drink,  to 
wit,  milk  and  beef  tea,  were  taken  to  the 
house;  that  when  taken  there  these  articles 
were  free  from  all  noxious  or  poisonous  quali¬ 
ties;  that  after  they  had  been  a  short  time  in 
the  house,  and  in  places  where  the  prisoner 
had  knowledge  of  them,  these  same  articles 
were  found  to  be  impregnated  writh  poison  as 
far  as  that  fact  can  be  shown  by  the  taste  of 
the  poison  and  the  symptoms  of  those  affected 
by  it;  and  further,  that  the  symptons  of  those 
who  had  occasion  to  make  use  of  the  milk  and 
beef  tea  indicated  the  presence  of  tartar 
emetic.” 

The  Chief  Judge  said  that  the  Court  would 
admit  part  of  the  offer.  It  was  competent  to 
show  that  tartar  emetic  had  been  found  in 
Mrs.  Wharton’s  house,  and  it  could  be  proved 
by  persons  who  tasted  it,  but  not  by  the  symp¬ 
toms  of  those  affected  by  it.  If  any  person 
could  say  that  he  tasted  poison  in  Mrs.  Whar¬ 
ton’s  house,  the  testimony  of  such  a  person 
would  be  admissible  to  prove  its  existence 
there. 

Charles  L.  Ketchum  (a  son  of  the  late  Gen, 
Ketchum)  was  now  called,  and  testified— I  re¬ 
side  in  Georgetown,  D.  C.,  and  I  am  a  son  of 
the  late  General  Ketchum;  I  have  known 
Mrs.  Wharton  over  20  years;  I  remember  the 
day  my  father  left  Washington;  his  health 
was  perfectly  good;  I  had  occupied  the  same 
room  with  him  from  the  5th  of  last  April  up  to 
the  day  he  left  for  Baltimore;  I  never  heard 
him  complain  except  of  a  slight  sore  throat; 
I  next  saw  him  on  Friday,  June  the  30tlr; 
he  was  dead  then,  and  had  been  brought 
to  the  house  of  my  uncle,  Gen.  Brice;  I  saw 
Mrs.  Wharton  in  Washington  on  the  3d  of 
July;  my  brother  and  I  called  at  Mrs.  Chubb’s 
to  see  Mrs.  Wharton;  she  had  telegraphed  ua 
to  meet  her;  she  commenced  to  sympathize 
with  us  at  the  death  of  our  father  and  said 
she  too  had  lost  a  true  friend;  while  talking 
with  us  and  expressing  her  sympathy,  her 
eyes  were  filled  with  tears;  she  said  she  re¬ 
gretted  very  much  to  be  compelled  to  talk 
about  business  so  soon  after  my  father’s  death, 


42 


THE  WHA  R  TO  N-  KETCH  TIM  TRIAL. 


but  that  necessity  compelled  her  to  flo  so;  she 
then  told  me  she  had  called  upon  me  for 
$4,000  in  Government  bonds  which  she 
had  given  my  father,  aud  that  wish¬ 
ing  to  make  up  a  letter  of  credit 
before  leaving  for  'Europe  she  had  called  to 
secure  the  bonds;  she  said  she  would  leave 
New  York  the  following  Wednesday:  I  asked 
her  at  what  time  she  had  given  the  bonds  to 
my  father,  and  she  replied,  “About  eighteen 
months  ago;”  she  told  me  they  were  four  one 
thousand  five-twenty  bonds,  bearing  sis  per 
cent,  interest,  and  were  to  be  sold  by  him. 
and  invested  in  ten-forty  coupon  five  per  cent, 
bonds;  I  asked  if  my  father  had  given  her  any 
receipt  for  them,  and  she  said  he  had  not;  she 
also  said  when  I  asked  her  that  she  had  no 
witnesses  to  the  transaction;  I  told  her  I  could 
not  do  anything  then  for  her  as  no  adminis¬ 
trator  had  been  appointed,  and  that  no  ap¬ 
pointment  could  be  made  until  the  following 
Saturday,  when  the  Orphans’  Court  convened; 

I  told  her  that  none  of  ns  could  touch  a  cent 
of  my  father’s  money  until  that  time;  she  re¬ 
plied  that  that  would  not  do,  and  that  she 
would  leave  Baltimore  on  the  following  Satur¬ 
day,  and  must  have  the  bonds  to  make  her 
letter  of  credit  good  before  leaving;  I  told  her 
that  if  she  would  go  with  me  to  Gen.  Brice’s 
office  he  might  know  of  some  means  by 
which  she  could  procure  them  of  which 
I  was  not  aware;  she  conseuted  to 
go  with  me  without  hesitation;  I  then  asked 
her  if  she  would  be  offended  at  me  for  talking 
business  matters  to  her,  and  she  said  she 
would  not;  I  told  her  then  that  my  father’s 
books  and  papers  showed  that  she  was  in  his 
debt  to  the  amount  of  $2,600:  she  replied  that 
she  had  paid  that  upon  two  installments;  on 
July  1. 1870. $1,300,  and  $130  interest:  on  Janu¬ 
ary  17,  1871,  $1,300  aud  $65  interest  on  that 
amount  for  six  mouths;  that  my  father  had 
noted  these  payments  on  the  back  of  the 
note,  that  he  had  entered  on  the  back  of  the 
note  $130,  as  having  been  received  for  the  last 
interest,  instead  of  $65;  she  said  General, that 
is  not  right:  it  should  be  $65  instead  of  $130; 
he  acknowledged  the  mistake,  crossed  out 
tie  $130  and  put  down  $65;  he  then  handed 
her  the  note  aud  said,  “Ellen,  now  that  the 
transaction  has  ended  you  had  better  destroy 
the  note,  as  it  may  give  you  trouble  in  the 
future;”  she  said  she  destroyed  the  note  in 
his  presence:  I  do  not  remember  that  she  said 
how  she  had  destroyed  it;  I  asked  her  if  there 
were  any  witnesses  to  the  transaction, and  she 
said  there  were  not;  she  said  also  that  sbe  had 
no  receipts  to  show  for  the  principal  or  interest; 
we  then  proceeded  to  Gen.  Brice’s  office,  and  I 
attracted  his  attention  as  he  was  busy  at  the 
time,  and  I  introduced  her  to  General  Brice 
and  requested  her  to  make  known  the  object  ! 
of  her  visit  to  him;  she  then  told  him  that  she 
called  to  secure  the  $4,000  in  Government 
bonds  which  she  had  loaned  my  father;  that 
she  was  about  to  leave  for  Europe,  and  could 
not  possibly  go  without  getting  those  bonds, 
as  she  had  to  use  them  to  make  good  a  letter 
of  credit;  General  Brice  expressed  his  aston¬ 
ishment  at  her  demand,  and  told  my  father’s 
books  and  papers  showed  that  she  was  in  his 
debt  to  the  amount  of  $2,600.  and  there  was  no 
evidence  of  his  owing  her  $4,000;  he  asked  when 


she  had  given  the  bonds  to  my  father,  and  she 
replied,  “About  eighteen  months  ago;”  he 
asked  what  description  of  bonds  they  were, 
and  she  replied  tliatthey  were  four  5-20  United 
States  coupon  bonds,  and  that  she  had  given 
them  to  him  to  convert  into  the  bonds  I  have 
mentioned;  the  General  then  spoke  to  her 
about  the  note  for  $2,600;  she  told  him  what 
she  had  previously  told  me  in  reference  to  the 
note;  the  General  asked  her  in  what  manner 
she  had  paii.  the  money  to  my  father,  and  she 
replied.  “In  greenbacks;”  he  asked  her  if  she 
was  not  afraid  to  carry  so  large  an  amount  of 
money  about  her,  and  she  said  she  was 
not;  she  told  him  she  had  no  receipts 
to  show,  and  told  him  there  were  no 
witnesses  to  the  transaction;  he  then  asked 
her  if  Mrs.  Chubb  was  not  aware  that  she  had 
so  large  an  amount  about  her;  she  replied  that 
Mrs.  Chubb  did  not  know,  and  that  no  one 
knew  of  it;  General  Brice  toldjher  there  was 
no  possible  means  of  her  getting  the  money  at 
that  time,  as  the  matter  was  in  the  hands  of 
the  Courts,  and  that  if  her  trip  to  Europe  de¬ 
pended  upon  her  getting  those  bonds,  that  she 
had  better  give  up  all  hopes  of  going;  she 
took  that  announcement  without  showing 
any  apparent  emotion,  and  got  up  to  leave  the 
office,  saying  that  she  was  sorry  she  had  not 
time  to  call  on  Mrs.  Brice,  but  thought  that  it 
was  best  as  it  was  that  she  should  not,  as  1 
her  presence  misfit  awaken  afresh  her ! 
grief;  Gen.  Brice’s  wife  is  a  sister  of  my  father’s; 
she  sent  her  love  to  Mrs.  Brice  by  the  Geveral, 
and  left  the  office;  I  accompanied  her  to  the 
sidewalk  and  told  her  I  would  come  the  next 
day  to  Baltimore  for  my  father’s  valise  and 
effects:she  gave  me  her  address  and  we  then  de-  | 
parted;  she  said  shehad  paid  the  interestou  the  ' 
17th  of  jnue.1871,  at  the  house  of  Mrs.  Chubb;  I 
went  to  Baltimore  on  the  4th  of  July,  arriving 
at  Mrs.  Wharton’s  about  10  o’clock;  Mrs.  Whar¬ 
ton  came  in  the  parlor  and  took  her  seat' 
near  the  front  window;  I  took  from  my  pocket 1 
a  small  pocket  diary  belonging  to  my  father,  ‘ 
and  handed  it  to  her  to  examine  and  read  for  ' 
herself.  [The  witness  here  took  the  diaryfrom  i 
his  pocket  and  it  was  passed  to  the  counsel  | 
for  the  defence].  Continuing — She  declined  to  • 
take  it,  saying  she  could  not  see  to  read  it;  it  i 
was  then  a  few  minutes  after  1  P.  M.,  and  it 
was  a  clear  day;  I  asked  her  if  she  had  her  i 
glasses)  with  her,  and  she  said  they  would  I 
make  no  difference,  and  that  she  could  not  I 
read  it;  I  told  her  that  if  she  would  move  to  I 
the  opposite  window  I  would  read  the  con- 1 
tents  of  the  book  to  her;  the  blinds  of  the  op- 1 
osite  window  were  open;  I  then  turned  torlie 
y-leaf  of  the  book,  holding  it  so  that  she 
could  look  on  at  the  same  time;  I  commenced 
at  the  fly-leaf  aud  read  the  contents  of  each 
!  page  to  her. 

The  defence  here  objected  to  the  offer  of  the  I 
book  as  evidence. 

The  Court  decided  that  so  much  as  Mrs. ' 
Wharton  assented  to  was  evidence. 

The  witness  continued— Arriving  at  one  I 
page  I  read  the  following:  “Interest  on  E.  G. 
W.’s  note,  17  January,  1870,  $130;”  “Interest! 
ditto,  17  July.  1870,  $180;”  arriving  at  anothef 
page,  I  read  “January  25,  1871,  interest  from  I 
E.  G.  W„  $130;”  while  I  was  reading  this  book  ! 
to  her  she  interrupted  me  aud  said  she  had  ! 


TEE  WEARTON-KETCHUM  TRIAL. 


43 


>aid  that  money,  and  asked  me  how  she  could 
;et  her  bonds;  I  told  her  that  if  she  would 
vait  until  I  got  through  reading  the  book  to 
ler  I  would  talk  to  her  about  the  $4,000;  she 
•emarked  about  the  payment  of  $130  on  the 
5th  of  January,  1871,  that  it  should  be  $65; 
ihe  said  that  she  had  paid  the  last  installment 
in  the  17th  of  January;  I  asked  her  if  she  had 
laid  it  by  a  check  on  her  banking  house,  and 
he  said  no;  she  said  she  had  paid  the  note  on  the 
7th  of  January.  1871;  she  said  she  had  paid  it 
iut  of  money  from  rents  and  other  sources; 

'  asked  her  if  she  could  give  me  from  her 
looks  the  dates  of  the  payments  of  interest 
md  principal,  and  she  replied  that  she  did  not 
:eep  any  books,  but  had  at  one  time,  and 
ound  them  too  much  trouble;  I  asked  her  to 
end  me  a  memorandum  of  the  dates  upon 
rhich  she  had  paid  the  installments  of  in- 
erest  and  principal,  and  also  the  date  when 
he  gave  my  father  the  bonds:  she  said  she 
rould  send  them  the  next  day,  but  would  not 
ike  to  be  compelled  to  swear  to  the  exact  ; 
ates,  as  she  kept  no  books;  I  told  her  I  would 
ake  General  Eaton  with  mo  to  the  Safe 
leposit  Company  in  Washington,  and  allow 
im  to  examine  the  bonds  to  see  if 
hey  indicated  on  the  face  or  back  that  i 
hey  belonged  to  her;  she  consented  to  it;  I 
do  not  remember  what  she  said;  she  said  she 
ould  not  understand  why  my  father  claimed 
rat  she  was  in  his  debt,  as  she  had  paid  the 
ote  in  January,  or  why  lie  should  say  that  he 
ras  going  to  Baltimore  to  have  a  settlement 
ith  her;  that  was  said  in  reply  to  my  read- 
ig  her  the  amounts  from  the  book.  [The  de- 
tnce  here  offered  objection,  and  the  Conrt  de- 
ided  that  the  witness  could  relate  all  the 
mversatiou  that  took  place  between  the 
risoner  and  himself.]  Continuing — She  said 
ie  did  not  understand  why  my  father  had 
lid  he  was  going  to  Baltimore  to  have  a  set- 
ement  with  her  before  she  left  for  Europe, 
i  she  had  paid  him  all  she  owed 
im,  unless  it  was  that  he  had  reference 
i  a  conversation  she  had  had  with  him; 
ie  then  told  me  that  my  father  had  told  her 
le  had  been  looking  at  a  house  somewhat 
;ove  his  figure,  and  that  if  he  made  up  his 
ind  to  buy  it,  he  would  have  to  ask  her  to 
turn  the  compliment  of  his  loan  to  her;  and 
lat  he  would  give  her  a  mortgage  on  the 
iuse;  she  told  him  that  she  did  not  know 
at  she  could  spare  the  money,  but  that  if 
e  could  possibly  let  him  have  any  of  the 
,000  she  would  do  so;  and  that  as  he  had 
cepted  her  note,  she  would  certainly  accept 
s  without  taking  a  mortgage;  she  said 
at  she  was  sorry  to  be  compelled  to  say  so, 
it  tlmt  she  had  noticed  that  my  father’s 
ind  was  blurred  at  times  and  that  in  one  or 
-o  recent  conversations  with  him  she  had 
ticed  that  he  had  lost  the  thread  of  his  con- 
“rsation;  I  told  her  I  had  never  noticed  it 
r  heard  any  one  else  mention  it;  I  don’t  re- 
llect  her  reply  to  that;  she  offered  the  re¬ 
irk  about  my  father’s  memory  as  an  ex- 
mation  of  the  mystery:  I  believe  that  was 
that  transpired  in  the  parlor  between  us; 
file  in  Mrs.  Chubb’s  house  in  Washington;  I 
id  her  that  on  the  23d  of  June  my  father  had 
d  me,  in  answer  to  my  inquiry  if  she 
d  paid  him  the  money  on  the  pre¬ 


vious  Wednesday,  that  she  had  not  paid  him; 
because  she  had  made  a  statement  to  him  that, 
owing  to  some  misunderstanding  with  her 
banker  in  Baltimore,  he  had  neglected  to  for¬ 
ward  the  money  to  her;  I  also  told  her  that 
my  father  had  told  me  she  had  on  that  occa¬ 
sion  extended  an  invitation  to  Mrs.  Chubb, 
him  and  myself  to  spend  the  following  Satur¬ 
day  and  Sunday  with  her  in  Baltimore;  I  also 
told  her  that  he  had  told  me  that  she  had 
promised  to  pay  him  the  money  she  owed  him; 
he  did  not  state  the  amount;  he  said  he  had  no 
objection  to  her  having  the  money  as  long  as 
she  remained  in  this  country,  as  she  paid  him 
good  interest  for  it,  but  that  he  knew 
she  was  in  delicate  health  and  that 
he  might  never  see  her  again,  and  he 
thought  it  was  best  for  him  to  make  the  de¬ 
mand  mpon  her'  before  she  left,  as  he  needed 
the  money  to  help  to  pay  for  his  house  and 
furnish  it;  he  said  that  he  was  afraid  that  his 
having  made  this  demand  upon  her  had  de¬ 
layed  her  departure  for  a  month;  she  said  she 
had  not  been  delayed  on  that  account,  as  she 
had  paid  the  money  in  January,  and  -had  in¬ 
tended  leaving  for  Europe  about  the  1st  of 
July. 

Mr.  Steele  said  he  did  not  desire  to  be  per¬ 
tinacious,  but  he  thought  that  some  explana¬ 
tion  should  be  made  to  the  jury  that  these 
statements  were  not  evidence  as  coming 
directly  from  General  Ketchum,  and  the 
Court  briefly  explained  to  the  jury  the  value 
of  the  evidence. 

The  witness  continued— Mrs.  Wharton  told 
me  she  had  received  interest  on  the  bonds  in 
gold,  greenbacks  and  coupons  at  different 
times;  she  attempted  to  describe  the  coupons 
but  I  do  not  remember  her  words;  she  said  she 
had  received  the  interest  from  my  father;  I 
went  with  General  Eaton  on  the  5th  of  July 
to  the  Safe  Deposit  Company  in  Wash¬ 
ington,  and  we  found  no  indications  that 
the  bonds  belonged  to  Mrs.  Wharton;  I  looked 
also  for  the  note  and  evidences  of  the  alleged 
payments,  but  I  could  not  find  it;  I  informed 
Mrs.  Wharton  by  letter  on  the  Wednesday 
following  of  the  result  of  my  search;  I  found 
that  all  my  father’s  bonds  were  10-40  bonds, 
amounting  in  the  aggregate  to  $59,700;  my 
father  bought  a  house  in  Washington  on  the 
13th  of  June,  giving  for  it  $11,900,  and  paid 
the  full  amount  on  the  24th  of  June,  1871;  I 
have  the  receipt'for  the  whole  amount.  [A  can¬ 
celled  check  for  $11,900  was  now  shown, and  the 
defence  objected  to  its  introduction;  the  coun¬ 
sel  for  the  State  said  they  would  follow  it  up 
by  the  testimony  of  Mr.  Carusi,  a  lawyer,  of 
Washington.] 

The  witness  continued — When  I  went  to 
Mrs.  Wharton’s  residence,  she  took  me  up  to 
the  room  in  which  my  father  died;  she  showed 
me  where  his  valise,  hat,  linen  duster,  and 
umbrella  were;  she  then  left  me  and  went 
down  stairs;  when  she  returned  she  brought 
me  the  key  of  the  valise,  my  father’s  watch, 
fob,  pocket-book,  pocket-knife,  and  a  small 
pocket  match  safe;  I  opened  the  valise  in  her 
presence,  and  taking  out  the  different  articles 
of  clothing  I  found  there,  put  my  hand  in 
every  pocket  to  see  what  it  contained;  I  was 
looking  for  the  note  and  found  nothing; 
there  was  a  vest  also  containing  three 


44 


THE  WHARTON-KETCHUM  TRIAL. 


pockets;  two  outside,  and  one  inside;  my 
father  always  had  an  inside  pocket  made  in 
his  vests  in  which  to  carry  money  or  valuable 
papers:  he  instructed  my  brother  and  myself 
to  do  the  same;  he  was  not  in  the  habit  of  car¬ 
rying  valuable  papers  in  his  pocket-book;  he 
generally  pinned  up  his  inside  vest  pocket  if 
the  papers  would  admit  of  it;  my  father  uever 
used  any  drugs,  lotions  or  quack  medicines,  but 
was  opposed  to  them;  he  was  not  in  thehabit  of 
taking  laudanum;  the  only  medicine  I  remem¬ 
ber  him  to  have  ever  carried  was  prescribed 
by  Dr.  Morris,  of  Washington;  his  lieaith 
was  uniformly  good;  one  of  the  ingredients  of 
the  prescription  by  Dr.  Norris  was  sarsapa¬ 
rilla;  my  father  was  six  feet  in  his  stocking 
feet;  he  would  have  been  58  years  of  age  on 
the  7th  of  July  last;  my  father  used  to  put  the 
vial  containing  Dr.  Norris’  prescription  to 
his  mouth  and  in  that  way  take  it;  I  have  no 
knowledge  of  his  carrying  any  other  medi¬ 
cine  about  him  except  some  liuament  for 
sprains;  I  never  observed  any  failure  of  my 
father’s  memory. 

Mr.  Rwell  said  the  State  now  proposed  to 
offerin  evidence  the  books  kept  by  General 
Ketcliuni  to  show  an  indebtedness  of  the  pris¬ 
oner  to  him  during  his  lifetime. 

Mr.  Steele  asked  that  the  jury  be  retaired 
during  the  argument  on  the  admissibility  of 
the  evidence. 'aud  the  counsel  for  the  State 
consenting  the  select  twelve  were  marched 
from  out  of  the  court  room.  Mrs.  Wharton 
and  her  party  followed  soon  after,  and  the 
argument  of  the  question  then  commenced. 

Mr.  Hagner  opened  for  the  defense,  and  sub¬ 
mitted  the  following  authorities,  etc. 

Such  entries  inadmissible  on  general  prin¬ 
ciples.  1  Taylor’s  Evidence,  §  510,  543: 1  Green- 
leaf’s  Evidence,  §  134,  99, 102,  38;  2  B.  and  A. 
185;  Rex  vs.  Debenham. 

Are  they  admissible  as  declarations  against 
interest.  1  Taylor’s  Evidence,  §  602  and  seq; 
Best  on  Evidence,  §  500;  30  Md.,  326. 

Such  entries  must  be  against  the  pecuniary 
or  proprietary  interest  of  the  party  making  it, 
to  he  admissible,  not  merely  in  absence  of  in¬ 
terest.  1  Taylor’s  Evidence,  §  604,  605,  7;  11 
Clarke  and  Fin,  108  et  seq;  Madeline  Smith’s 
case.  Jurist  vol.  3,  part  2,  p.  333  et  seq. 

Are  they  admissible  as  having  heeu  madehy 
General  Ketchum  in  the  course  of  his  official 
business  or  employment.  1  Taylor,  §  680,  632 
1  Greenleaf,  Evidence,  $  116,  note. 

It  must  appear  not  only  to  he  the  practice, 
hut  the  duty  of  the  party  to  make  the  entry. 
1  Taylor,  $  633,  2  Queen’s  Bench,  Rep.  326, 
Smith  vs.  Blakely. 

H.2  official  character  must  he  shown. 

1  Taylor,  §  635. 1  Car  aud  Kee;  276,  Davis  vs. 
Lloyd. 

Entry  must  he  contemporaneous. 

30  Md.,  330,  2  C.  and  K.,  718,  1  Taylor,  §  636, 
640. 

Law  as  to  entries  in  shop  books  not  applica¬ 
ble  in  Maryland. 

5  G.  and  1, 134,  6  Md.,  16,  30  Md.,  333. 

There  is  no  pretence  that  General  Ketchum 
was  performing  any  official  act  in  making 
these  entries. 

Upon  the  conclusion  of  Mr.  Hagner’s  argu¬ 
ment  the  Court  adjourned  until  10  A.  M.  to¬ 
morrow. 


TWELFTH  DAY. 

Annapolis,  December  16, 1871. 

It  seems  now  that  the  testimony  for  th 
State,  in  the  great  trial  at  present  engagin. 
the  attention  of  the  Circuit  Court  of  Ann 
Arundel  county,  will  not  he  concluded  uuti 
next  Tuesday  or  Wednesday.  Nearly  ; 
dozen  witnesses  remain  to  be  examined,  an 
the  question  of  the  admissibility  of  a  goo< 
part  of  their  testimony  will  give  rise  to  mucl 
argument.  The  testimony  for  the  defenci 
will  then  occupy  the  Court  at  least  a-week 
unless  afternoon  sessions  be  held,  and  it  ma, 
be  reasonably  concluded  that  the  argument  o 
the  case  will  not  he  commenced  until  th 
second  or  third  day  of  Christmas.  As  th 
issue  is  the  gravest  known  to  the  law,  it  i 
not  probable  that  the  Court  will  limit  the  ai 
guments  before  the  jury,  and  at  least  two  day 
will  be  occupied  in  the  closing  efforts  of  couh 
sel. 

The  State’s  testimony  on  yesterday  part’ 
ally  developed  a  new  phase  of  the  case,  an 
much  interest  is  felt  in  the  testimony  bearin 
upon  the  alleged  indebtedness  of  Mrs.  Whai 
ton  to  General  Ketchum.  The  decision  of  th 
Court  to-day  was  anxiously  anticipated  b 
both  sides,  and  the  arguments  were  earnes 
and  able. 

Mrs.  Wharton  remains  very  calm,  but  lit 
daughter  does  not  seem  to-day  in  the  goo 
spirits  which  she  showed  several  day's  sinc> 
Doubtless  the  anxiety  she  feels  bear  heavil 
upon  her,  and  gives  her  but  little  thougt 
save  of  the  fearful  issue  which  her  mother  h; 
been  called  to  meet. 

Paymaster  General  Brice  and  the  two  sor 
of  the  late  General  Ketchum  have  been  in  a' 
tendance  since  the  commencement  of  thetria 

General  J.  H.  Eaton  is  also  present  to-day 

Upon  the  opening  of  the  Court  to-day  th 
argument  of  the  question  of  the  admissibilit 
of  the  books  of  the  late  General  Ketchum,  t 
show  an  indebtedness  of  Mrs.  Wharton  1 
him,  was  resumed,  Mr.  Thomas  following  M 
Ilagner  for  the  defence.  In  support  of  h 
view  of  the  question,  Mr.  Thomas  earnest! 
argued  against  the  admissibility  of  the  ev 
deuce  sought  to  be  introduced,  and  made  tl 
following  points: 

That  the  entries  offered  iti  evidence  are  nj 
admissible  in  this  case,  unless  they  would  1 
in  a  civil  suit  by  the  executors  of  Gener 
Ketchum  against  Mrs.  Wharton. 

That  entries  of  a  deceased  person  are  n 
admissible  against  a  third  party  in  either 
civil  suit  or  a  criminal  prosecution,  unlei 
they  were  made  in  the  discharge  of  an  ollicifi 
duty,  or  of  a  duty  of  an  agent  to  his  priucip; 
or  unless  it  be  made  clearly  to  appear  th! 
they  were  against  the  interest  of  the  persi 
making  them  at  the  time  they  were  made. 

The  Western  Maryland  Railroad  Compai 
vs.  Morse,  32  and  280;  State  vs.  Woodward, 
Iowa,  542. 

The  entry  of  a  payment  is  not  admissible 
against  the  interest  of  the  party  making 
unless  there  be  other  evidence  of  the  de 
than  that  in  the  book  containing  the  euti 
Higham  vs.  Ridgway,  10  East.,  109;  Gallon  i 
Bowles,  1  Moody  aud  Rob,  261;  2  Smitlj 
Leading  Cases,  336, 337  and  338,  marginal pag< 


THE  WHARTON-KETCHUM  TRIAL. 


45 


rhe  entries  offered  in  evidence  were  not  made 
n  the  discharge  of  an  official  duty,  or  of  a 
luty  of  an  agent  to  his  principal;  they  were 
lot  against  the  interest  of  the  person  who  made 
hem;  but  on  the  contrary  were  all  of  them 
mtries  in  his  own  favor.  The  State’s  Attor- 
ley,  James  Revell,  Esq.,  replied  as  follows  : 

As  our  brothers  on  the  other  side  have  rep¬ 
resented  that  they  are  not  aware  for  what  pur¬ 
pose  we  otter  the  testimony  proposed,  I  will 
low  state  that  it  is  for  the  purpose  of  show- 
ng  motive  for  the  perpetration  of  the  crime, 
hereby  strengthening  the  chain  of  presump¬ 
tive  evidence  before  the  jury  and  connecting 
he  prisoner  with  it. 

I  understand  the  decision  of  the  Court  ex¬ 
cluding  the  declarations  made  by  General 
ietchum  to  Mrs.  Chubb  touching  the  object 
md  purposes  of  his  visit  to  Mrs.  Wharton  did 
lot  reach  the  question  at  bar,  and  that  the 
luestion  of  the  admissibility  of  this  docu- 
nentary  evidence  is  now  an  open  question. 

In  cases  of  death  from  a  deadly  weapon,  ac- 
;ompanied  by  facts  showing  wiifulness  and 
leliberation,  there  would  be  no  necessity  to 
how  motive;  but  in  a  case  of  poison,  where 
learly  in  every  instance  the  State  must  make 
rat  its  case  by  circumstances,  there  motive, 
hough  not  actually  essential,  is  pertient  and 
broper. 

General  K.  had  no  object  to  make  a  false  en¬ 
try.  This  entry  was  made  25th  January,  1871, 
md  is  ottered  for  a  two-fold  purpose:  1st,  to 
how  an  indebtedness  at  this  time,  and  2d,  to 
sontradict  Mrs.  Wharton’s  statement  that  she 
lad  paid  the  entire  debt  on  the  17th  January, 
.871. 

We  further  offer  a  schedule,  which  we  can 
how  by  circumstances  must  have  been  made 
letween  12th  June  and  the  21th  June,  1871,  in 
vhich  this  indebtedness  of  Mrs.  Wharton  for 
52,600  was  stillexisting. 

Further  argued  at  length,  thus  the  entries 
ye  re  again  intact  and  properly  receivable  and 
sited  aud  commented  on. 

Webster  vs.  Webster,  1  Foster  and  Fulason, 
).  401. 

Percival  vs.  Hanson,  Exchequer  Reports,  p.l. 
Davies  vs  Humphreys,  6  M.  and  W.,  p.  153, 
md  other  authorities. 

That  entries  made  by  these  parties  were 
reated  as  original  evidence: 

Doe  vs.  Fenford,  3  B.  and  A.,  890. 

Champreys  vs.  Peck,  1  Starkee,  404. 

Roscoe,  pages  26  aud  27. 

Bank  of  A.  S.  vs.  Davis,  4  Cr.  C.  C.,  533. 

1  Greenleaf,  sections  115  to  120. 

And,  again,  if  the  particular  circumstances 
if  the  case  afford  a  presumption  that  the  evi- 
lence  is  true,  then  the  otter  is  admissible. 
Quoted  Roscoe  and  other  authority  in  support. 

Offer  is  in  sound  discretion  of  Court,  &c.  1 
Greenleaf,  section  108. 

Attorney  General  Sy ester  further  argued 
he  admissibility  of  the  books  of  General 
fetch um  as  evidence.  Mr.  Syester  contended 
'is  follows: 

'  The  evidence  is  properly  divisable  into  two 
listinct  heads.  1st.  As  to  the  entry  made  the 
5th  of  January,  1871,  by  which  General  K. 
ntered  the  payment  to  him  of  $130;  that  entry 
3  against  the  interest  of  the  party  making  it. 
t  is  the  character  of  the  entry  as  to  inter¬ 


est  at  the  time  it  was  made  Jihat  deter¬ 
mines  its  quality,  and  this  is  admissible, 
even  though  such  entry  attords  the  only  evi¬ 
dence  of  the  claim  which  it  purports  to  liqui¬ 
date.  See  Rex  vs.  Lewer  Hyford,  cited  at 
2d  Smith  L.  Co.,  283;  Rex  vs.  Hendon,  9  C.  & 
P.,  255;  1st  Taylor  on  Evidence,  secs.  610,  611 
and  612.  and  Highman  vs.  Ridgeway,  10th 
East.  2d.  The  memoranda  are  admissible,  be¬ 
cause  they  are  in  the  course  of  business  and 
in  reference  to  an  important  item  of  business, 
and  every  entry  on  the  last  memorandum 
will  be  shown  to  be  verified,  corroborated  and 
fully  sustained  in  the  single  entry  of  the  debt 
of  $2,600,  due  by  Mrs.  Wharton.  It  is  mainly 
a  proposition  of  probabilities,  the  other  entries 
being  verified  and  corroborated  by  subsequent 
inquiries  and  facts.  It  is  because  of  these 
probabilities  that  such  evidence  is  admissible. 
See  Pattenshall  vs.  Furford,  3  Barn.,  890,  3S8, 
3d  Euglish  Common  Law  Reports. 

At  the  conclusion  of  Mr.  SyesteFs  argument 
Mr.  Steele  saici  he  had  never  before,  in  a  cap¬ 
ital  case,  known  of  so  many  offers  of  inad¬ 
missible  evidence  as  had  been  here  made  in 
the  one  at  the  bar.  The  offer  made  was  a 
novelty,  and,  in  his  opinion,  the  evidence  was 
clearly  inadmissible.  It  had  been  published 
in  the  newspapers  that  General  K.  had  entered 
in  his  hooks  that  interest  was  due  him  by  Mrs. 
Wharton  on  the  17th  of  July  last;  but  the 
papers  here  ottered  did  not  show  it.  Two 
statements  of  General  K.  are  offered,  and  they 
bear  no  date,  and  it  cannot  be  told  which  of 
these  statements  was  made  out  first.  If  the 
evidence  was  admissible  in  law  it  would  yet 
not  be  admissible  on  account  of  its  intrinsic 
defects.  The  defence  had  had  no  opportunity 
to  examine  the  papers  until  brought  into 
court,  and  who  knew  but  that  there  were 
other  papers  throwing  light  upon  those  offered? 
Mr.  Ketchum  might  have  omitted  them,  and 
done  so  honestly  in  his  view  of  the  case. 

Mr.  Steele  here  referred  to  4  Gill,  page  97, 
Jones  vs.  Jones — memoranda  in  pencil  were  of 
too  loose  a  character  to  be  admitted  even  in  a 
civil  suit.  The  Court  of  Appeals  have  decided 
in  32  Md.  that  the  declarations  of  a  party  could 
only  be  given  in  evidence  when  against  his 
interest,  or  in  the  course  of  business.  Mr. 
Steele  referred  now  to  3d  Greenleaf,  sec.  115; 
1st  Smith’s  leading  case,  page  504;  2d  Queen’s 
Bench;  Smith  vs.  Blakeley,  page  331— the  en¬ 
tries  were  not  made  in  the  prosecution  of  busi¬ 
ness  for  a  third  party.  The  entries  in  General 
Ketchum’s  books  did  not  even  show  whether 
the  interest  set  down  was  one  to  or  from  Mrs. 
Wharton.  In  conclusion,  Mr.  Steele  said  that 
in  no  point  of  view  was  the  evidence  admis¬ 
sible. 

The  argument  was  concluded  at  twenty 
minntes  of  2  o’clock,  and  the  Court  at  once 
commenced  an  earnest  consultation. 

After  some  time  had  been  spent  in  delibera¬ 
tion  the  Chief  Judge  said  it  was  of  course  the 
duty  of  the  Court  to  decide  the  question  as 
Judges,  and  simply  as  one  of  law  aud  without 
making  comments,  except  so  far  as  necessary 
to  explain.  It  was  a  case  between  the  State  of 
Maryland  and  the  prisoner  at  the  bar,  and  the 
entries  of  a  third  party  were  offered  to  prove 
an  indebtedness.  It  was  clearly  laid  down 
by  the  authorities  that  such  entries  were  not 


46 


THE  WHARTON-KETCHUM  TRIAL. 


admissible. unless  against  the  interest  of  the 
party  making  them,  or  in  the  discharge  of 
official  duty,  or  as  agent,  and  all  the  entries 
were  coupled  with  the  note  of  $2,600.  The 
Court,  therefore,  decided  that  the  proffered 
testimony  was  not  admissible. 

Eugene  Carusi  was  now  called,  and  testified 
— I  reside  in  Washington  and  have  been  a 
member  of  the  bar  since  1856:  I  knew  General 
K.  upwardsof  two  years;  in  June  last  he  pur¬ 
chased  property  which  I  sold  as  trustee;  it 
was  situated  on  Iv  street,  between  Thirteenth 
and  Fourteenth  streets;  he  paid  for  it  $11,900 
on  the  24th  of  June;  I  drew  the  money  from 
the  First  National  Bank. 

Cross-examined  by  Mr.  Hagner — My  office 
is  at  490  Louisiana  avenue;  it  is  upwardsof 
two  miles  from  my  ofiice  to  Gen.  Ketchum’s 
house  in  Georgetown;  it  was  a  warm  day;  he 
called  at  my  office  between  12  and  half  past 
12  o’clock;  we  went  to  Latimer  &  Cleary’s 
office  five  or  six  squares;  when  we  got  there 
he  opened  his  vest  and  showed  that  his  linen 
was  saturated  by  perspiration  and  somewhat 
discolored;  General  Ketchum  was  a  robust 
man;  I  parted  with  him  at  the  corner  of  F  and 
Fifteenth  streets  about  2  P.  M  ;  I  don’t  know 
that  he  was  distressed  by  the  wreather;  I  can 
only  say  what  effect  it  had  upon  me. 

Mr.  Syester — “We  can  very  well  imagine 
what  effect  the  warm  weather  had  upon 
you.”  This  was  said  in  Mr.  Syester’s  viva¬ 
cious  manner  and  caused  alaugh.in  which  the 
robust  witness  joined. 

Mr.  Carusi  continued— The  General  and  I 
walked;  he  preferred  to  walk;  I  heard  no  com¬ 
plaint  from  the  General;  I  had  suggested  lem¬ 
onade  and  he  declined  that;  he  did  not  drink 
any  water  either  that  I  remember. 

Dr.  Basil  Morris  was  now  called  and  testi¬ 
fied — I  have  resided  in  Washington  siuce 
February,  1863;  I  am  a  surgeon  in  the  army, 
and  have  been  since  1852;  I  am  also  a  physician: 
I  knew  General  Ketchum  from  about  the  time 
I  went  to  Washington  in  1863;  I  was  called  to 
see  him  in  1866,  and  afterwards,  probably 
two  or  three  times,  as  I  met  him  on 
the  street  I  would  prescribe  for  him; 
his  general  health  was  good;  I  recall  from 
my  Dooks  that  I  made  a  prescription 
for  him  last  ou  the  5th  of  last  May  for  slight 
sore  throat;”  half  drachm  chlorate  of  potassia, 
one  ounce  of  bitter  wine  of  iron,  half  ounce 
pulverized  sugar  and  three  ounces  water; 
when  I  made  that  prescription  I  explained  to 
him  the  ingredients  and  told  him  it  was  harm¬ 
less:  on  the  14th  of  last  February  he  com¬ 
plained  of  pain  in  his  right  wrist;  I  treated  it 
as  a  rheumatic  affection,  and  prescribed  the 
iodide  of  potassium  and  the  syrup  of  sarsa¬ 
parilla,  one  tea  spoonful  three  times  a  day; 
that  was  to  promote  the  absorbants  and  secre¬ 
tions;  the  General  did  not  call  upon  me  until 
the  3d  of  March,  but  had  the  prescription  re¬ 
newed  on  the  24th  of  February;  he  desired  to 
know  if  the  medicine  could  have  made  him 
sick,  and  after  some  conversation  with  him 
I  ordered  the  iodide  of  potassium  to  be  re¬ 
duced  one  half;  he  had  that  second  pre¬ 
scription  renewed  on  the  14th  and  23d  of  March, 
and  the  4th  and  29th  of  April;  I  can  say  that 
General  Ketchum  had  not  the  habit  of  tam¬ 
pering  with  drugs;  I  had  no  knowledge  of 


his  experimenting  on  himself  with  drugs;  1 
was  very  well  acquainted  with  him;  I  nevei 
heard  him  express  an  opinion  on  the  subject 
of  the  use  of  drugs. 

Cross-examined  by  Mr.  Steele — I  also  pre¬ 
scribed  for  General  Ketchum  on  the  3d  of  last 
March;  that  was  the.  prescription  I  ordered  t( 
be  changed;  he  had  been  sick  in  Baltimore 
when  he  came  and  asked  to  have  the  prescrip¬ 
tion  changed;  he  was  not,  however,  sick  wlier 
he  came  to  me;  I  have  no  knowledge  of  Gen¬ 
eral  Ketchum  having  been  thrown  from  hie 
horse  while  in  the  West,  or  that  he  had  yellow 
fever  or  cholera  at  Fort  Laramie;  I  first  met 
him  in  ’66,  and  he  was  suffering  from  carbuncle, 

Mrs.  Eliza  W.  Chubb  was  now  re-called,  as 
had  been  agreed  on  her  first  examination. 
She  testified — Mrs.  Wharton  was  in  Washing¬ 
ton  on  the  6th  of  July  last;  I  saw  her  from 
:  half-past  2  o’clock  until  she  left  in  the  5:4t 
P.  M.  train;  she  came  to  my  office  iu  the  Treas- 
'  ury  Department;  the  office  of  Mr.  Charles  L. 
Ketchum  is  opposite  my  office. 

Mr.  Syester  now  explained  briefly  that  he 
wished,  as  did  the  witness,  to  have  explained 
a  portion  of  her  testimony  given  when  she 
wras  first  called. 

Mr.  Steele  objected,  and  considered  that  the 
nature  of  the  testimony  should  be  expiained 
to  the  Court. 

Mr.  Syester  said  it  was  simply  to  make  an 
explanation  in  regard  to  the  drug  clerk  from 
whom  she  bought  the  medicines.  Mrs.  Chubb 
was  the  first  witness  called  in  the  case,  and 
her  embarrassmeut  and  omission  was  natural 

Mr.  Steele  said  it  was  a  dangerous  prece-1 
dent,  and  he  would  snggest  that  the  utmosf 
caution  should  be  exercised  iu  giving  the 
right  to  the  prosecution. 

Mr.  Revell  briefly  explained  that  Mrs.  Chubt 
desired  to  explain  as  a  matter  of  justice  tc 
herself. 

Mrs.  Chubb,  in  answer  to  the  inquiry  of  the 
Court-,  said  that  it  was  her  desire  to  explain  a 
portion  of  the  testimony  she  had  given  when, 
previously  on  the  stand. 

Mrs.  Chubb  then  testified — I  was  asked  if 
Mrs.  Wharton  had  made  an  statement  or  in¬ 
quiry  of  me,  and  I  forgot  and  did  uot  state  all' 
ou  the  Thursday  after  Mrs.  Wharton’s  arrest] 
received  a  telegram  from  her  requesting  ind 
to  come  to  Baltimore;  I  went  and  she  said  ifl 
was  important  to  her  that  I  could  have  rad 
mind  clear  as  to  the  person  from  whonj 
I  had  bought  the  tartar  emetic,  and  i! 
I  could  identify  the  person;  I  told  hei 
I  could,  and  that  it  was  a  deaf  man 
she  replied,  “That  was  not  the  man,  but  t-hd 
man  from  whom  I  had  bought  was  the  oiut 
■who  said  he  had  sold  it  to  her,  and  that  I  must 
testify  to  that  one;  I  said  that  if  hewasthd 
man  i  could  identify  him,  and  if  not,  of  coursd 
I  could  not  testify  that  he  was;  she  then  sail 
that  Mr.  Steele  wished  to  see  me,  and  had 
made  an  arrangementto  meet  me  at  9  o'clock 
that  evening  at  her  house;I  told  her  that  I  war 
obliged  to  return  that  evening  to  Washington 
I  asked  if  I  could  go  to  Mr.  Steele’s  house  in-i 
stead,  and  was  told  that  I  could;  Mr.  Neilson 
went  with  me. 

Mr.  Steele.— Her  conversation  with  me  it 
not  evidence;  Miss  Nellie  Wharton  telegraphed 
for  her;  I  did  not. 


THE  WHA R TON-KETCHUM  TRIAL. 


47 


After  some  desultory  conversation  between 
dr.  Syester  and  Mr.  Steele,  Mrs.  Chubb  was 
dlowed  to  continue,  and  said:  Mr.  Steele  said 
ledidnot  want  to  see  me;  Mrs.  Wharton’s 
nanner  wg,s  very  neryous  when  she  told  me 
,o  go  to  Mr.  Steele. 

To  Mr.  Steele.— The  telegram  was  signed 
‘N.  C.  W.;”  I  was  informed  that  the  deaf  man 
lad  said  he  was  not  in  town  on  the  day  I 
nade  the  purchases. 

The  Court  now  adjourned  until  Monday  at 
.0  A.  M. 

It  is  remarkable  that  though  an  unusually 
arge  number  of  witnesses  have 'been  sum- 
noned  in  this  case,  that  as  yet  none  have 
)een  attached.  Deputy  Sheriff  Grafiin,  of 
Baltimore,  has  been  in  constant  attendance, 
md  has  discharged  his  labors  with  satisfac- 
don  to  the  Court  and  respective  counsel. 


THIRTEENTH  DAT. 

Annapolis.  December  18, 1871. 

The  great  Wharton  trial  still  engages  pub¬ 
ic  attention  here,  but  the  near  approach 
if  the  close  of  the  State’s  case  occasions  a 
general  feeling  of  relief.  The  proceedings  have 
ieen  so  unusually  tiresome  and  protracted 
hat  even  the  lovers  of  the  sensational  have 
ound  them  wearisome, and  desire  now  to  hear 
that  is  to  be  offered  by  the  defence.  It  is 
mown,  however,  that  the  testimony  for  the 
efence  will  be  in  great  part  medical  and 
hemical,  and  the  general  public  have  already 
een  surfeited  with  scientific  facts  and  fictions, 
t  is  not  expected,  therefore,  that  the  learned 
xperts  will  have  large  audiences.  The  ladies 
re  still  eager  and  assiduous  in  their  attend¬ 
ees. 

Soon  after  the  opening  of  the  Court  this 
lorning  James  D.  Ketchum  was  called,  and 
sstified— I  reside  at  present  in  Troy,  N.  Y.;  I 
oi  a  son  of  the  late  General  Ketchum;  on 
londay,  July  3d,  my  brother  received  a  tele¬ 
ram  from  Mrs.  Wharton  desiring  to  see  him 
b  Mrs.  Chubb’s  house;  at  12  o’clock  my  brother 
ad  I  went  to  Mrs.  Chubb’s  and  met  Mrs. 
Iharton;  she  commenced  by  condoling  with 
;  3  upon  the  loss  of  our  father,  and  said  she, 
>o,  had  lost  a  very  dear  friend;  she  stated 
lat  she  had  administered  to  his  wants  during 
is  last  sickness,  and  remained  with 
m  to  within  a  few  minutes  of  his 
■lath,  when  seeing  him  in  such  pain  and 
,  iasms,  she  could  not  stand  it  any  longer, 
id  left  his  room;  she  excused  herself  for 
itering  upon  business  matters  at  such  a  time, 
id  said  she  had  come  to  see  my  brother 
lout  four  $1,000  Government  bonds,  which 
e  had  given  my  father  about  eighteen 
onths  before  to  be  converted  from  10-40 
mis  into  5-20  bonds;  she  said  that  after  their 
nversion  my  father  had  kept  them 
his  safe  for  safe  keeping,  and  would 
nd  her  the  interest  from  time  to 
ne;  she  said  further  that  she  was 
dng  to  Europe,  and  would  leave  Baltimore 
.  the  following  Friday  or  Saturday,  and 
iuld  require  the  $4,000  bonds  to  make  good 
r  letter  of  credit;  she  wished  to  know  if 
ere  was  any  way  by  which  she  could  obtain 


them;  my  brother  said  he  could  not  do  any¬ 
thing  for  her,  as  no  administrator  had  been 
appointed,  and  would  not  be  appointed  until 
the  following  Saturday;  she  said  that  would 
be  too  late,  as  she  would  leave  Baltimore  on 
that  day;  my  brother  then  told  htr  that  if  she 
would  leave  her  banker’s  address,  and  the 
bonds  were  found,  he  would  have  them  placed 
to  her  credit;  she  said  that  would  not  do;  my 
brother  then  told  her  that  if  she  would  go 
with  him  to  General  Brice’s  office,  he  might 
know  of  some  way  by  which  she  could  get 
the  bonds;  she  consented  to  go;  ray  brother 
then  asked  her  if  she  would  be  offended  if  he 
talked  business  to  her,  and  she  said  she  would 
not;  he  then  told  her  that  my  father’s  books 
showed  that  she  owed  him  a  note  of  $2,600; 
she  said  it  had  been  paid,  as  follows: 
On  17th  July,  1870,  $1,300  of  the  principal  and 
$130  interest,  and  on  17t,h  January,  1871,  the 
remaining  $1,300  of  the  principal  aud  $65  in¬ 
terest;  that  my  father  had  endorsed  the  pay¬ 
ments  on  the  back  of  the  note,  and  in  record¬ 
ing  the  last  payment  had  written  $130,  when 
she  corrected  him,  and  told  him  it  should  be 
only  $65;  she  said  my  father  had  advised  her 
then  to  destroy  the  note,  as  it  might  cause  her 
trouble  in  the  future;  my  brother  related  to 
her  then  a  conversation  he  had  had  with  my 
father  before  he  left  for  Baltimore;  he  had  told 
him,  in  answer  to  his  inquiry,  that  Mrs. 
Wharton  had  not  paid  him  the  money;  she 
owed  him;  he  also  told  my  brother  that  she 
had  said  she  had  been  obliged  to  delay  the 
payment  on  account  of  a  misunderstanding 
with  her  banker;  that  she  had  invited  Mrs. 
Chubb,  my  father  and  brother  to  spend  the 
next  Saturday  and  Sunday  with  her  in  Balti¬ 
more;  and  said  she  would  pay  him  at  that 
time;  my  father  said  he  had  no  objection  to 
her  having  the  money,  as  she  paid  him  goods 
interest;  but  as  she  was  going  to  Europe  and 
was  in  bad  health, .he  did  not  know  that  he 
would  ever  see  ’  her  again;  he  said 
he  was  afraid  he  had  delayed  her 
departure  fully  a  month  by  demanding  the 
money;  Mrs.  Wharton  said  she  did  not 
know  what  he  had  reference  to  when  he  said 
she  had  promised  to  pay  him  on  that  occasion, 
as  she  had  settled  with  him,  unless  it  was  in 
reference  to  his  buying  a  house  which  he  had 
told  her  was  a  little  above  his  figure;  he  had 
asked  her  to  return  the  compliment  of  his 
loan,  lend  him  the  $4,000,  and  take  a  mortgage 
on  the  property;  she  had  told  him  she  did  not 
know  that  she  could  spare  the  money,  as 
she  wished  to  make  up  her  letter  of  credit, 
but  possibly  she  might  let  him  have  half 
of  it,  and  that  if  she  found  that  she  did  not 
need  any  of  it  he  might  have  the  whole  of  it; 
she  said  she  told  him  that  as  he  had  taken  her 
personal  note  she  thought  it  would  be  proper 
for  her  to  ouly  take  his  personal  note;  my 
brother  and  Mrs.  Wharton  then  left  for  Gen¬ 
eral  Brice’s  office,  and  that  was  all  that  was 
said  in  my  presence;  I  never  saw  her  again 
until  I  saw  her  here;  I  am  twenty  years  old;  I 
roomed  with  my  father  for  two  years:  I  then 
went  to  college;  I  was  with  him  from 
August  1866  to  September  1868;  I  was 
with  him  during  my  Christmas  and  summer 
vacations,  and  during  those  periods  I  roomed 
with  him;  he  always  had  an  aversion  to  quack 


48 


THE  WHARTON-KETCHUM  TRIAL. 


medicines,  and  I  never  saw  him  take  any;  his 
general  health  was  very  good,  and  his  habits 
were  very  regular;  he  was  an  officer  of  the 
old  army,  and  was  first  attached  to  the  old 
Sixth  Infantry;  he  was  a  member  of  the  Epis¬ 
copal  Church,  and  was  very  regular  in  his  at¬ 
tendance;  he  had  been  a  member  of  that 
Church,  for  about  two  years  before  his  death; 
he  was  always  very  cheerful  whenever  I  saw 
him;  he  was  very  attentive  to  his  business  ana 
was  hardly  ever  absent  except  when  off  on 
leave;  I  never  noiiced  that  his  mind  wandered, 
but  he  was  always  clear  in  his  remarks  to 
me;  he  had  a  very  good  memory. 

Cross-examined  by  Mr.  Hagner — I  was  in 
Troy  at  the  time  of  my  father’s  death:  I  had 
not  seen  him  since  September,  1870;  my  brother 
was  engaged  in  the  Paymaster  General’s  Office 
in  Washington,  but  had  gone  to  New  York  on 
leave;  he  went  to  Washington  in  April,  1871; 
my  father  was  living  on  Georgetown  Heights: 
my  brother  is  married,  but  his  family  was  not 
iu  Washington  when  my  father  died. 

Mr.  Hagner  now  asked  the  witness  if  he  did 
not  know  of  an  estrangement  between  his 
father  aud  his  brother. 

Mr.  Revell  objected,  and  Mr.  Hagner  said 
he  desired  to  rebut  the  idea  of  such  intimacy 
between  them  as  had  been  testified  to. 

Mr.  Revell  said  if  an  estrangement  existed 
it  should  be  proved  by  facts  and  not  by  un¬ 
earthing  family  differences.  Some  desultory 
discussion  took  place  between  the  counsel, 
Mr.  Sy ester  contending  that  it  was  only  com¬ 
petent  for  Mr.  Charles  L.  Ketchum  to  testify 
on  that  point. 

The  Chief  Judge  said  the  defence  had  better 
postpone  the  examination  of  the  witness  on 
that  point  until  Mr.  Charles  L.  Ketchum  had 
been  further  examined. 

*  Mr.  Ketchum  continued — Mrs.  Wharton 
6tated  that  the  bonds  belonged  to  her,  but  did 
not,  as  far  as  I  can  remember,  say  that  there 
was  anything  on  them  to  indicate  that  they 
belonged  to  her;  my  brother  did  not  tell  her  in 
my  presence  that  he  would  go  and  look  for 
them  among  my  father’s  papers. 

Mrs.  Helen  Van  Ness  was  next  called, and  testi¬ 
fied — I  am  the  wife  of  Mr.  Eugene  Van  Ness;  I 
reside  at  91  W.  Monument  street,  in  Baltimore; 
I  was  at  Mrs.  Wharton’s  house  from  the  24th 
to  the  29th  of  June  last;  my  husband  was  ill 
there  at  the  time:  I  left  there  on  Friday,  June 
29th;  I  was  there  night  and  day  from  June 
24th  to  June  29th;  I  saw  Mrs.  Wharton  go  out 
of  her  house  several  times;  she  was  not  a  great 
deal  with  me,  but  was  in  and  out  of  the  room 
in  which  my  husband  lay  ill;  I  saw  her  on  the 
night  of  Sunday,  June  25th;  she  came  into  the 
room  I  was  occupying;  I  cannot  say  what  time  it 
was;  I  had  been  asleep;  I  was  in  the  second 
room,  front  story;  I  was  awakened  by  a  noise, 
aud  I  saw  her  at  the  washstand  opening  the 
door;  I  asked  if  I  could  do  any  thing  for  her, 
and  she  said  General  Ketchum  was  very  sick 
and  she  was  going  to  give  him  some  paregoric 
and  mint;  she  started  to  leave  the  room,  and 
I  asked  her  if  she  had  found  the  paregoric, 
and  she  said  “No,  I  think  Susan  must  have  it, 
she'is  very  fond  of  taking  medicines,  aud  I  will 
go  and  see;”  she  came  back  in  a  few  moments, 
said  Susan  did  not  have  it,  and  that  she  had 
remembered  that  Nellie  had  taken  it  to  the 


country  with  her;  she  went  to  th 
washstand  and  looked  again,  .and  then  lei 
the  room;  some  time  after  that  I  saw  Genera 
K.  coming  down  the  steps:  he  went  on  dow 
stairs;  I  did  not  speak  to  him;  I  do.  not  knm 
how  long  he  remained  down  stairs,  but  it  dt 
not  seem  more  than  ten  or  fifteen  minute: 
before  General  K.  came  down  I  saw  Mr: 
Wharton  coming  from  the  third-story:  sh 
went  on  down  stairs  and  I  did  not  see  ‘eithe 
of  them  again  that  night:  the  room  I  occupie 
was  immediately  under  General  K.’s  room; 
had  not  heard  him  sick;  I  never  saw  Gener? 
K.  after  that  night;  I  made  the  milk  punc 
spoken  of  here;  the  doctor  ordered  a  milk  punc 
for  my  husband;  Mrs.  Wharton,  Mrs.  Hnttoij 
Mrs.  Van  Ness  and  myself  were  present  whe 
it  was  ordered;  a  wineglass  was  ordered  ti 
be  given  him,  and  some  one  suggested  tha 
we  should  make  a  double  quantity:  Mril 
Wharton  made  the  suggestion;  Mrs.  Hutto] 
took  a  tumbler  from  the  sideboard  and  put  j 
lump  of  sugar  in  it;  I  thought  there  was  tej 
much  sugar,  and  broke  a  piece  off;  I  pourej 
the  milk  in  first  and  then  the  whiskey;  ha 
of  that  punch  I  poured  into  a  wineglass,  an 
put  the  balance  remaining  in  the  tumbler  i  j 
the  nursery  refrigerator  m  the  dining  roonJ 
I  pnt  nothing  in  except  sugar,  milk  an] 
whiskey;  some  time  after  I  went  back  and  toe  j 
the  punch  from  the  refrigerator,  stirred 
with  a  spoon,  and  poured  it  in  a  wineglas 
I  noticed  a  sediment  in  the  tumbler,  an 
thought  the  whiskey  had  turned  the  mii 
sour;  I  put  in  my  little  finger  and  tasted  it;  j 
did  not  taste  peculiar,  but  by  the  time  I  he: 
reached  the  door  of  my  husband’s  room  i 
tasted  so  bad  that  I  then  tasted  it  again,  ar 
it  was  again  so  bad  that  I  called  the  attentio 
of  my  sister,  Mrs.  Loney,  to  it;  she  then  toq 
the  tumbler;  I  then  made  a  fresh  punch,  ar 
took  it  to  my  husband;  at  the  time  that 
first  tasted  the  sediment  it  tasted  as  if  I  h; 
put  a  brass  piu  in  my  mouth:  Mrs.  Wharf 
told  me  (upon  what  day  I  cann 

now  remember)  that  she  had  i, 

vited  General  Ketchum,  Mrs.  Chubb  an 
Mr.  Charles  Ketchum  to  stay  with  her  froi 
Saturday  until  Monday;  I  was  not  all  the  tiq 
in  my  husband’s  room,  as  I  had  one  of  rr 
little  children  in  the  second  story;  I  drank] 
tumbler  of  the  milk  from  which  the  piim 
was  made,  and  experienced  no  ill  effects;  £ 
drank  it  after  the  punch  was  made;  it  was  jq 
after  we  gave  my  husband  the  second  punq 
the  milk  was,  I  think,  from  a  refrigerator  I 
Mrs.  Wharton’s  cellar;  the  punch  was  inaj 
the  day  General  Ketchum  died. 

Cross-examined  by  Mr.  Thomas— The  roonfl 
was  occupying  was  Mrs.  Wharton’s  own  rooj* 
I  do  not  know  that  the  washstand  was  ktm 
locked;  I  never  went  to  it,  and  only  saw  tjl 
open  it. 

Mr.  Eugene  Van  Ness  was  next  recalled,  al 
Mr.  Revell  asked  him  if  Mrs.  Wharton  hll 
been  in  his  room  on  Tuesday  and  Wednesdtt 
nights  of  the  last  week  iu  June  last?  N| 
Thomas  objected,  and  the  Court  decided  tt» 
the  witness  couid  state  what  he  knew  of  M. 
Wharton’s  whereabouts  during  those  nigql 

Mr.  Van  Ness  then  testified— I  don’t  remejr 
her  seeing  Mrs.  Wharton  in  my  room  an 
night  I  was  in  her  house;  I  saw  her  seveli 


THE  WHARTON-KETCHUM  TRIAL. 


49 


;imes  during  the  different  days  I  was  there, 
>ut  I  cannot  say  how  often  or  upon  what 
lays. 

Mr.  Revell  said  this  was  all  the  State  pro- 
)osed  to  ask  Mr.  Van  Ness  at  this  stage  of  the 
;ase,  but  would  recall  him  at  another  stage. 

General  Benjamin  W.  Brice  was  next  called, 
md  testified — I  reside  in  Washington,  and  am 
Paymaster  General  of  the  Armies  of  the 
United  States;  I  have  been  holding  that  posi- 
;ion  nearly  eight  years;  I  was  very  well  ac- 
luainted  with  General  K.,  and  had  known 
lim  thirty  odd  years;  I  married  his  sister;  I 
jnew  him  well  from  his  early  cadetship  at 
West  Point;  he  was  of  a  strictly  moral  char- 
icter,  as  much  so  as  any  man  of  my  acquaint- 
mce;  he  was  a  member  of  the  Episcopal 
Jhurch  by  reputation,  but  not  of  my  know- 
edge;  his  general  health  was  remarkably 
;ood  all  his  life;  he  was  a  strong,  robust  man, 
md  of  such  remarkably  careful  and  regular 
labits  that  I  do  not  think  his  health  was  ever 
naterially  impaired;  he  was  a  very  conscien- 
iouslv  close  business  man;  closely  atten¬ 
tive  to  all  his  duties,  public  and  private;  he 
vas  not  addicted  to  the  use  of  drugs  or  quack 
medicines;  I  have  heard  him  express  his  aver- 
ion  to  all  medications  for  a  sound  person 
mly  slightly  indisposed;  his  habits  were  re¬ 
markably  systematic;  he  was  a  total  absti- 
lence  man  during  the  whole  of  my  acquaint¬ 
ance  with  him,  that  is,  I  speak  with  reference 
o  intoxicating  drinks;  I  never  noticed  any 
hange  in  the  vigor  and  power  of  his  mind; 
us  disposition  was  not  at  all  morose;  ne  was 
,  grave  man,  except  among  his  intimates,  but 
laturally  cheerful  and  exceedingly  fond  of 
onng  company,  children  in  preference  to 
dults;  I  had  a  conversation  with  Mrs. 
Vharton  on  the  3d  of  July  last  at  my 
ffice  in  Washington  city;  she  came  to 
ay  office,  accompanied  by  Charles  Ketchum; 
iter  the  usual  greetings,  Charles  Ketchum 
aid,  “Mrs.  Wharton  desires  to  have  a  con- 
ersation  with  you,  and  will  explain  her 
bject;”  I  seated  Mrs.  Wharton  close  by  my 
ide,  and  she  proceeded  to  state  to  me  that 
tie  was  going  to  Europe  on  one  day  of  that 
reek,  and  that  she  was  unable  to  make  her 
loney  arrangements,  to  get  up  a  sufficient 
mount  to  procure  the  necessary  letter  of 
redit  for  her  uses  while  abroad,  and  was, 
ierefore,  compelled  to  call  upon  us  for  $4,000 
f  her  money,  which  were  among  the 
fleets  of  General  Ketchum,  and  which 
le  bad  left  in  his  possession;  I  in- 
uired  how  that  was;  she  replied  that  a  year 
md  a-half  previous  she  had  handed  to  Gen- 
ral  Ketchum  four  $1,000  5-20  coupon  bonds  of 
eEs  to  be  converted  into  10-40  bonds;  I  in- 
uired  if  General  K.  had  made  conversion  of 
er  bonds;  she  said  she  had,  but  had  still  re¬ 
fined  them,  and  that  they  were  in  his  posses- 
on  when  he  died;  I  inquired  if  she  had  Gen- 
ral  K.’s  receipt  for  the  bonds,  and  she  replied 
;ao;”  I  asked  if  General  K.  had  given  her  no 
>rt  of  memorandum  for  her  protection,  and 
i  le  said  “no;”  I  asked  then  if  she  had  herself 
i'ept  no  memorandum  with  a  description  of 
le  bonds,  and  she  said  she  had  not;  I  asked  if 
aybody  besides  herself  and  General  K.  had  a 
oowledge  of  the  transaction,  and  she  an- 
vered  “no;”  I  said,  then,  “Mrs.  Wharton, 


this  claim  of  yours  takes  us  entirely  by  sur¬ 
prise;  we  have  just  had  a  thorough  examina¬ 
tion  of  all  of  General  K.’s  books  and  papers, 
etc.,  and  they  and  other  circumstances  impel 
us  to  believe  that  instead  of  General  K.’s 
being  in  your  debt,  you  owe  him  borrowed 
money  in  the  sum  of  $3,600,  executed  two  or 
three  years  previous,  at  ten  per  cent,  interest;” 
she  admitted  that  such  a  note  bad  existed, 
but  said  that  on  the  previous  January  she  had 
paid  the  note  and  all  accrued  interest;  I  asked 
if  she  had  preserved  the  note,  and  she  said 
she  had  not;  and  in  substance,  that  at  the  sug¬ 
gestion  of  Gen.  K.  at  the  time  she  paid  him  she 
had  destroyed  it;  I  asked  her  where  that  oc¬ 
curred,  and  she  said  at  Mrs.  Chubb’s  house  in 
Washington;  I  asked  if  Mrs.  Chubb  or  any 
other  person  was  present,  and  she  replied  in 
the  negative;  I  then  inquired  how  she  paid  the 
note,  by  check,  certificate  of  deposit,  or  how? 
she  replied  that  she  had  paid  it  in  money;  I 
ifiquired  if  she  had  brought  that  large  sum  of 
money  with  her  from  Baltimore,  and  she  said 
she  had;  I  asked  then  if  Mrs  Chubb  know 
that  she  had  such  a  large  sum  of  money  about 
her  person,  and  she  said  she  had  not  commu¬ 
nicated  it  to  her;  she  repeated  to  me  again 
that  the  $4,000  was  indispensably  necessary 
to  ht^r  European  trip;  I  told  her  that 
General  K.’s  effects  could  not  be  disturbed 
until  the  Court  had  appointed  an  administra¬ 
tor;  she  asked  me  then, “can’t  I  give  you  any  se¬ 
curity  so  as  to  get  that  $4,000?”  I  told  her  that 
was  impossible,  and  that  the  assets  of  the  de¬ 
ceased  General  were  then  in  the  hands  of  the 
law,  and  must  be  disposed  of  by  a  proper  per¬ 
son  to  be  designated  by  the  law;  I  then  re¬ 
marked  to  her  that  the  whole  proceeding,  as 
related  by  her,  was  the  most  extraordinary  I 
had  yet  encountered;  knowing  General 
Ketchum’s  abhorence  of  debt,  and  knowing 
that  he  never  permitted  himself  to  be 
in  debt  a  moment  longer  than  it  was 
possible  to  liquidate  it,  and  that  dur¬ 
ing  all  my  long  acquaintance  with  him  I 
had  never  known  him  to  be  in  a  position  in 
which  he  could  not  meet  any  debt  he  had  con 
tracted;  I  had  previously  inquired  why  she 
had  left  the  bonds  in  his  possession  after  their 
conversion,  and  she  said,  “For  safe-keeping;” 
I  asked  her  why  safer  there  than  in  any  of  the 
public  institutions  where  such  deposits  could 
be  made;  she  said  she  had  perferred,  from  her 
long  acquaintance,  personal  friendliness  and 
entire  confidence,  to  leave  them  with 
him;  then  reverting  to  General  K.’s 
dislike  of  debt  I  said  that  it  was  very 
strange  that  he  fwould  consent  to  be  the 
custodian  of  her  bonds  and  be  responsible  for 
them,  but  that  if  he  could  make  up  his  mind 
to  take  a  responsibility  of  that  kind,  his  scru¬ 
pulous  and  conscientious  exactness  in  the  per¬ 
formance  of  all  business  obligations  would,  I 
knew,  have  impelled  him  to  require  her  to 
take  a  receipt  or  other  voucher  to  protect  her 
against  just  such  a  casualty  as  his  death  had 
brought;  I  said,  too,  “more  surprising  than 
all,  Mrs.  Wharton,  is  that  one  of  your  business 
experience  and  reputation  for  business 
shrewdness  could  consent  to  make  a  de¬ 
posit  of  your  money  with  any  individual 
or  institution  without  some  evidence  that 
it  wmild  be  protection  against  loss;”  that  was 


50 


THE  WHARTON-KETCHUM  TRIAL. 


the  import  of  my  language;  I  tolcl  her  I  had 
already  explained  that  she  could  not  get  any¬ 
thing  until  the  administrator  had  been  ap¬ 
pointed,  and  that  it  was  proper  for  me  to  add 
that  unless  she  produced  authentic  evidence 
of  her  claim  other  than  her  verbal  statement 
she  never  could  get  it;  she  said  she  thought 
that  General  K.  might  have  placed  some 
marks  upon  her  bonds  by  which  they  could 
be  distinguished  from  his  own:  I  told  her  that 
Charles  Ketchum  and  General  Eaton, 
who  I  had  designated  as  a  witness 
to  accompany  him  in  his  examination 
into  his  father’s  effects,  should  make  a  re-ex¬ 
amination,  and  if  any  of  the  bonds  belonged 
to  her  the  administrator  would  be  authorized 
to  return  them  to  her;  I  expressed  my  disbe¬ 
lief  that  any  m.arks  could  be  found,  as  they 
would  have  been  found  on  the  first  examina¬ 
tion;  I  told  her  General  Eaton  should  go  with 
Charles  Ketchum,  and  the  examination  should 
be  thorough  and  accurate;  I  suggested  to  her 
that  it  was  strange  that  as  she  had  received 
interest  on  her  10-40  bonds  that  she  should  pay 
ten  per  cent,  interest,  while  her  bonds  in  her 
creditor’s  possession  were  drawing  only  five 
per  cent,  in  gold:  I  said,  finally,  to 
Mrs.  Wharton,  “If,  as  you  inform 
me,  that  $4,000  is  indispensable  to  your  Eupo- 
pean  trip,  then  vou  may  as  well  abandon  it;” 
when  our  conversation  terminated,  she  rose  to 
leave,  inquired  how  Mrs.  Brice  was,  told  me 
to  remember  her  to  Mrs.  Brice,  regretted  that 
she  could  not  call  upon  her,  and  then  re¬ 
marked  that  it  was  perhaps  best  as  it  was,  as 
the  sight  of  her  might  be  the  cause  of  fresh 
grief;  this  was  on  the  third  day  after  General 
K.’s  funeral;  her  manuer  was  cool  and  self- 
possessed  when  I  told  her  she  had  as  well 
abandon  the  idea  of  going  to  Europe  if  her 
trip  depended  upon  her  getting  the  $4,000  from 
General  K.’s  estate;  she  did  not  show  any  dis¬ 
appointment  or  express  regret. 

Cross-examined  by  Mr.  llagner. — 1  do  not 
think  the  interview  continued  longer  than 
fifteen  minutes;  no  one  but  Mr.  Charles 
Ketchum  was  present  that  I  remember;  Gen¬ 
eral  Ketchum  nd  Mrs.  Wharton’s  husband 
had  been  together  in  the  old  army;  General 
Ketchum  had  been  married  twice,  and  mar¬ 
ried  sisters;  he  had  been  retired  in  January 
last,  as  Colonel;  he  rarely  spoke  to  me  of  bis 
business:  he  was  retired  for  thirty  years  faith¬ 
ful  service,  and  had  not  reached  the  age  of 
sixty-two;  I  was  never  stationed  with  him  ex¬ 
cept'  in  Washington;  I  have  only  heard  that 
he  had  had  a  fall  from  his  horse;  it 
was  during  the  fitting  out  of  the  ex¬ 
pedition  against  Utah;  I  do  not  know 
anything  about  his  having  had  cholera  or 
yellow  fever  at  Fort  Laramie:  in  some  respects 
"General  K.  was  eccentric;  his  estate  proved 
greater  than  I  expected,  hut  I  kuew  he  had 
something  handsome  saved  during  a  frugal 
and  careful  life. 

Mr.  Hagner  now  asked  the  witness  if  he  had 
not  expressed  the  opinion  that  General  K.’s 
son  Charles  probably  knew  least  of  any  per¬ 
son  about  his  money  affairs. 

Mr.  Revell  objected,  and  the  Court  said  that 
the  sou  of  General  K.  was  present,  and  he 
could  be  interrogated;  General  Brice  said  he 
may  have  made  such  a  statement. 


General  Brice  continued— He  was  not  in  tin 
habit  of  conversing  about  his  business  affairs 
and  I  never  knew  him  to  have  a  business  con¬ 
fidante;  in  nothing,  except  that  wonderful 
reticence  and  remarkable  exactness,  giving  s 
blind  negro  a  cent  and  entering  it  in  his  book 
was  he  eccentric;  I  saw  General  K.  frequently 
while  he  resided  in  Georgetown,  but  not  daily 

Mrs.  Harry  W.  Snowden  next  testified— 1 
reside  in  Baltimore,  and  have  lived  ther< 
nearly  all  my  life;  I  saw  General  K.  on  tin 
34th  of  June  last  on  the  cars  coming  fron 
Washington:  I  was  coming  from  Laurel  Sta 
tion  with  my  husband:  I  was  attracted  by  hh 
merriment;  Mrs.  Chubb  was  with  him;  I  nevei 
saw  him  again  except  in  the  street  car  aftei 
reaching  Baltimore;  he  aud  Mrs.  Chubb  go' 
out  at  Biddle  street;  I  have  known  Mrs 
Wharton  perhaps  18  months;  on  the  evening  o 
Friday,  June  30th,  I  saw  Mrs.  Wharton  at  he: 
own  house  at  the  request  of  Mr.  Van  Ness;  In 
told  me  to  tell  her  he  hoped  she  would  go  t< 
Philadelphia  as  she  had  intended,  as  he  wa: 
so  much  better;  she  said  that  as  she  wa: 
obliged  to  go  to  Washington  on  Saturday,  sh* 
would  prefer  to  go  to  Philadelphia  on  Mon 
day,  not  caring  to  travel  on  Sunday;  she  thei 
remarked,  “you  know  General  Ketchum  tool 
laudanum;”  I  said,  “so  I  have  heard;”  I  hat 
heard  it  from  some  one  else;  she  then  said  b 
was  in  the  habit  of  taking  medicine  careless!’ 
from  a  bottle,  without  measuring  it;  I  don’ 
remember  that  she  said  anything  more  abou 
General  K.,  but  she  talked  principally  of  Mr 
Van  Ness  and  his  sickness;  Sir.  Van  Ness  lia< 
been  removed  that  afternoon  from  her  house 

Mrs.  Snowden  was  not  cross-examined. 

Chas.  L.  Ketchum  was  now  recalled,  ant 
testified— I  administered  on  my  father’s  es 
fate;  no  account  has  been  presented  by  Mrs 
Wharton  since  I  received  letters  of  adminis 
tration;  Mrs.  Wharton  told  my  brother  ant 
myself  that  she  had  taken  good  care  of  ou 
father  during  his  sickness,  and  had  remained 
with  him  to  within  ten  or  fifteen  minutes  o 
his  death;  I  made  with  General  Eaton  a  sec 
ond  examination  of  my  father’s  papers,  and  i 
found  nothing  to  indicate  that  my  father  ha 
owed  Mrs.  Wharton. 

Cross-examined  by  Mr.  Steele— I  took  m 
letters  of  administration  the  second  Saturda 
after  my  father’s  death;  I  know  that  Mr.- 
Wharton  has  been  in  prison  since;  I  had  beej 
living  in  Washington  from  the  5th  of  las 
April;  I  had  been  previously  living  in  Ne< 
York  since  the  summer  of  ’65,  and  had  mad 
frequent  visits  to  my  father;  I  had  occupiet 
the  same  bed  with  him  in  Georgetown,  bci 
had  moved  to  another  boarding  house  thrg'l 
weeks  before  he  came  to  Baltimore;  in 
father’s  vest  was  made  of  nun’s  cloth  an 
was  of  a  light  gray  color;  the  whole  sui 
was  of  the  same  material;  I  have  no 
talked  often  of  the  conversations  I  ha 
with  Mrs.  Wharton;  I  recollect  m 
conversations  with  her  sufficiently  to  n 
member  the  words  she  used;  I  do  not  remen 
her  having  had  a  long  conversation  with  an 
one  else  about  six  mouths  ago;  I  do  not  ri 
member  the  ifs  aud  ands,  hut  I  recollect  tl 
words  Mrs.  Wharton  uttered  to  me;  I  was  e: 
amiued  before  the  Grand  Jury;  I  did  not  mas 
the  same  full  statement  I  have  made  here  be. 


THE  WHARTON-KETCHUM  TRIAL. 


51 


cause  I  was  not  questioned  so  fully;  I  think  I 
stated  to  the  Grand  Jury  that  she  had  told  me 
she  had  paid  the  note  in  two  installments; 
Mrs.  Wharton  did  not  tell  me  that 
she  had  paid  the  note  iu  $1,000  notes 
and  the  balance  in  notes;  1  asked  Mrs. 
Wharton  if  she  knew  my  father  had 
made  a  will,  and  she  said  he  had;  I  never 
found  the  will;  I  did  not  tell  her  that  1 
thought  that  if  he  had  made  a  will  he  prob¬ 
ably  had  uot  left  me  anything;  I  have  no 
knowledge  of  my  father  having  been  thrown 
from  a  horse  while  in  the  West:  he  was  on 
'General  Halleck’s  staff  during  the  war;  I 
lived  in  Harrisburg  from  September,  ’62  to 
June,  ’(55;  I  had  been  living,  previously,  iu  St. 
Louis;  I  went  there  in  Jauuary,  ’62,  and  lived 
there  with  my  father. 

Major  Thus.  H.  Bradley  was  next  called,  and 
testified — I  reside  in  Washington;  I  have  re¬ 
sided  there  over  eight  years;  I  was  associated 
with  General  K.  officially  and  socially  over 
sight  years;  for  over  seven  years  we  occupied, 
ilmosf  daily,  desks  at  the  War  Department;  I 
was  his  principal  assistant,  and  necessarily 
had  his  confidence  to  a  certain  extent:  be 
was  on  duty  ns  counsellor  to  Secretary 
Stanton;  his  peculiar  duties  were  exami¬ 
nations  of  miscellaneous  war  claims;  he 
was  assigned  to  that  duty  in  November.  1862; 
1  first  met  him  in  December,  1801,  in  St. 
Louis;  he  was  then  on  General  Halleck’s 
Staff  and  was  Lieutenant  Colonel  of  Infantry; 
le  was  afterwards  made  Brigadier  General  of 
volunteers;  he  was  ordered  to  Washington  iu 
.62;  on  the  23d  of  August,  ’63,  I  reported  to  him 
'.or  temporary  duty,  and  from  that  time  to  his 
retirement,  r  n  the  15th  of  December,  ’70. 1  saw 
lim  almost  dai'y;  we  were  in  the  same  room. 
My.  Syester  new  asked  the  witness  if  he  had 
luring  all  his  long  acquaintance  observed  in 
leneral  K.  any  ‘suicidal  tendency.” 

Mr.  Steele  objected,  and  the  Court  said  the 
vit ness  could  state  what  were  his  habits  and 
disposition. 

The  witness  continued — During  the  whole 
ime  I  had  liis  acquintance  his  morals  con¬ 
firmed  to  law  or  order  in  every  respect,  in  my 
udgment;  systems  of  morality  aud  principle 
leemed  to  mark  all  his  actions  in  public  and 
irivate;  he  despised  and  seemed  to  spit  upon 
j.nything  that  would  seem  to  reflect  upon  his 
baracter. 

■  Mr.  Steele  hero  interrupted,  the  witness,  and 
aid  the  testimony  as  to  General  K.’s  character 
was  going  too  far. 

After  some  explanation  and  desultory  dis¬ 
cussion,  the  witness  continued — He  was  not  a 
melancholy  sort  of  a  man,  but  was  of  rather 
heerful  disposition;  I  never  noticed  in  him 
nytbing  more  than  the  ordinary  absent- 
aindedness  about  trivial  affairs;  prior  to ’67 
J.e  seemed  to  avoid  society,  but  subsequently 
je  seemed  to  seek  for  cheerful  society;  I  never 
oticed  him  in  a  melancholy  oi  depressed  state 
f  mind,  except  when  he  lost  his  wife  in  ’66; 
|  e  was  rather  cautious  about  the  use  ot  drugs, 
ud  I  never  knew  him  to  take  medicine  unless 
y  medical  direction,  except  upon  one  occa- 
ion;  he  then  took  chlorate  of  potash  as  a  wash; 
bout  a  week  before  his  death  lie  called  at 
ay  office;  he  was  then  well  and  cheerful;  he 
4 


was  a  man  of  robust  health:  strong  and  mus¬ 
cular,  and  of  rather  an  elastic  step. 

Cross-examined  by  Mr.  Haguer— General  K. 
frequently  called  at  my  house  and  spent  even¬ 
ings  there. 

The  Court  now  adjourned  until  10  A.  M.  to¬ 
morrow. 


FOSJRTEEiSTSI  BAT. 

Annapolis,  December  19, 1871. 

The  great  Wharton  trial  is  still  attractive  to 
the  public  of  Annapolis.  Notwithstanding  the 
heavy  snow  storm  of  to-day,  the  ladies  were 
present  in  goodly  numbers,  the  inclemency  of 
The  weather  uot  seeming  to  abate  their  interest 
in  the  proceedings. 

Mrs.  Wharton  appeared  to-day  in  much 
better  spririts,  and,  as  far  as  could  he  ob¬ 
served  through  her  heavy  veil,  her  expression 
was  less  anxious.  She  was  still  accompanied 
by  Miss  Wharton,  Mrs.  Nugent,  Mrs.  Neilson, 
Miss  Eosa  Neilson  and  Mr.  Moon  Wharton. 
Colonel  Brantz  Mayer  was  again  with  her 
to-day,  and  Hermann  Stump,  Esq.,  of  Harford, 
was  present  with  her  counsel. 

Judge  Henry  Sherman  was  first  called  to¬ 
day,  aud  testified — I  reside  iu  Washington;  I 
went  there  after  the  lirst  battle  of  Bull  Euu; 
I  knew  General  Kefclmtn  very  well;  I  had 
known  him  from  1865;  he  was  very  intimate 
in  my  family;  he  was  a  man  of  a  very  social, 
cheerful  nature,  not  fond  of  gay,  fashionable 
life,  but  of  cheerful  company;  he  came  regu¬ 
lar  to  my  house  twice  during  the  week  and  on 
every  Sunday  evening;  he  was  very  fond  of 
music,  and  particularly  of  sacred  music;  he 
was  a  man  of  uncommon  purity  of  character; 
I  saw  him  on  the  morning  of  the  day  he  left 
for  Baltimore  ;  he  came  into  my  office  about  7 
o’clock  in  the  morning  and  had  some  papers 
and  a  bunch  of  flowers  in  his  hand ;  ho  left 
the  flowers  for  one  of  my  daughters  ;  he  took 
papers  from  his  inside  vest  pocket  and  made 
some  memorandum  and  put  the  papers  back 
again;  he  was  very  exact  in  li;s  habits,  and 
was  always  very  punctual  in  keeping  his  ap¬ 
pointments;  he  was  in  perfect  health  when  I 
last  saw  him  and  in  very  fine  spirits;  he  was 
at  my  house  iu  1  he  country  on  the  pre¬ 
vious  Thursday  and  was  then  very  well  aud 
cheerful;  he  was  opposed  to  all  drugs 
at  (l  was  very  abstemious  in  his  habits!; 
I  could  never  get  him  to  take  even  a  glass  of 
wine  in  my  house;  I  never  noticed  any  failure 
iu  his  mind,  and  would  have  done  so,  because 
I  saw  him  so  often;  when  he  left  Washington 
for  Baltimore  he  was  as  fine  a  specimen  of  a 
man,  mentally  and  physically,  as  I  ever  saw; 
he  was  frequently  taken  for  me,  as  we  are 
about  the  same  size. 

General  Win.  Myers  was  next  called, and  tes¬ 
tified — I  am  an  officer  of  the  army,  and  at 
present  stationed  at  Washington;  I  first  knew 
General  K.  at  Fort  Dalis,  Oregon,  in  1859,  and 
served  on  his  staff;  I  was  there  nearly  a  year 
with  him;  I  served  afterwards  with  him  in  St. 
Louis  and  Washington;  during  all  my  long  ac¬ 
quaintance  with  him  I  never  knew  him  to 
take  much  medicine, but  he  was  very  averse  to 
taking  medicines;  he  was  remarkably  robust 


52 


THE  WHARTON-KETGHUM  TRIAL. 


and  healtliy:  I  never  knew  him  to  undertake 
to  treat  himself  with  drugs,  and  I  knew 
that  he  had  a  great  repugnance  to  taking 
medicines  of  any  sort;  lie  was  a  very  cheerful 
man  and  very  fond  of  visiting  his  intimate 
friends:  I  never  saw  him  morose  or  melan¬ 
choly;  lie  was  exceedingly  temperate,  and  I 
never  knew  him  to  drink  any  intoxicating 
drinks:  he  was  a  great  walker,  and  always  took 
a  great  deal  of  exercise;  I  saw  him  almost 
daily  from  the  1st  of  last  June  until  he  left  for 
Baltimore;  he  was  in  his  usual  good  health 
and  spirits  when  I  saw  him  a  few  hours  before 
he  left  for  Baltimore;  I  never  noticed  any 
thing  in  him  to  indicate  a  failure  of  his  mind; 
my  office  is  upwards  of  a  mile  from  General 
K  ’s  house  in  Georgetown,  and  he  came  to  my 
office  about  9  o’clock;  my  office  is  between 
Nineteenth  and  G  streets:  .Judge  Sherman 
lives  on  I  street,  between  Fifteenth  and  Six¬ 
teenth  streets. 

General  George  D.  Wise  was  next  called, 
and  testified — I  reside  in  Baltimore  county;  I 
have  known  Mrs.  Wharton  six  or  seven  years, 
probably  more :  I  saw  her  in  Baltimore  after 
the  4th  of  last.  July,  and  had  a  conversation 
with  her. 

Attorney  General  Syester  here  passed  the 
following  statement,  in  writing  to  the  counsel 
for  the  defence. 

“The  object  of  the  evidence  to  be  offered  by 
the  State  is  to  show  that  at  this  time  Mrs. 
Wharton  was  extremely  anxious  to  effect  the 
loan  of  a  large  sum  of  money  in  order  to  ena¬ 
ble  her  to  leave  the  country  for  Europe;  that 
she  was  prepared  to  make  unusual  sacritices 
for  that  purpose,  aud  manifested  the  greatest 
anxiety  on  the  subject.” 

Mr.  Hagner,  after  it  had  been  read  by  the 
counsel  for  the  defence,  passed  it  to  the  Court, 
remarking  that  it  appeared  so  clearly  inad¬ 
missible  that  the  counsellor  the  defence  did 
not  propose  to  argue  it. 

Altera  brief  consultation,  the  Chief  Judge 
said  the  Court  was  of  the  opinion  that  the 
question  was  entirely  admissible. 

General  Wise  now  resumed — I  met  Mrs. 
Wharton  at  Mr.  Kirk’s  jewelry  store  in  Balti¬ 
more,  on  the  7th  of  July  last,  and  she  said  she 
had  been  in  search  of  me;  she  said  she  had  been 
disappointed  in  funds  in  making  her  arrange¬ 
ments  to  go  to  Europe,  aud  that  she  had  reason 
to  know  tnatMessrs.  Johntson&  Bro.wouldfur- 
nish  her  the  funds  if  I  would  endorse  her  note: 
she  stated  that  her  passage  and  her  daughter’s 
to  Europe  had  been  paid,  and  that  she  had 
purposed  leaving  on  the  next  day  for  Phila¬ 
delphia,  on  her  way  to  New  York,  whence  she 
would  leave  in  a  steamship:  I  inquired  bow 
much  money  she  required;  she  said  $11,000:  I 
asked  her  how  she  intended  to  make  good  the 
note  when  it  became,  due;  she  said  from  funds 
derived  from  her  income,  which  was  $11,000  a 
year;  I  asked  her  what  security  she  had  to  give 
for  tins  loan. 

Mr.  Hagner  here  interrupted,  and  said  this 
was  an  attempt  to  show  misconduct,  and  the 
Court  had  decided  that  the  character  of  the 
prisoner  could  not  be  assailed. 

The  Chief  Judge  explained  the  view  of  t.lie 
Court.  Marshal  Frey  had  testified  that  Mis. 
Wharton  had  told  him  she  would  stay  until  j 
an  investigation  was  had,  aud  the  defence  | 


were  now  proving  that  she  was  at  that  time 
making  efforts  to  raise  money  to  leave  for 
Europe. 

Mr.  Hagner  again  nrot.ested  against  the  in¬ 
troduction  of  the  testimony;  be  did  not  see 
where  this  sort  of  testimony  would  lead  to 
and  the  authorities  spoke  of  it  in  no  am¬ 
biguous  terms. 

Mr.  Syester  replied  that  the  State  proposed 
to  show  the  extreme  anxiety  of  Mrs.  Wharton 
to  leave  for  Europe. 

Mr.  Steele  begged  leave  to  correct  the  false 
impression;  Marshal  Frey  had  first  seen  Mrs 
Wharton  at  5  P.  M.  on  the  7th  of  July,  and 
General  Wise  had  met  her  about  12  M.  on  that 
day;  the  matter  was  collateral,  and  it  wasnot 
right  that  it  should  he  brought  into  the  case. 

Mr.  Re  veil  stated  that  the  State  would  fol¬ 
low  up  with  testimony  to  show  that  the  fact 
of  the  finding  of  the  poison  in  General  K.Tt 
stomach  was  communicated  to  Mrs.  Wharton 
on  the  4t,h  of  July. 

The  Chief  Judge  said  the  Court  thought  the 
evidence  admissible,  but  they  would  decide  at 
a  future  time  whether  or  not  to  allow  the 
State  to  contradict  the  statements  now  being 
given  in  evidence. 

Gen.  Wise,  resumed — I  asked  her  what  secur¬ 
ity  she  would  be  able  to  give:  she  said  she  had 
Western  bonds  (I  think  St.  Louis),  and  prop¬ 
erty  in  Baltimore  and  Philadelphia,  but  that 
she  had  given  her  word  to  a  relative  in  Phila¬ 
delphia,  who  she  had  reason  to  know  had 
made  his  will  in  her  favor  to  the  amount  of 
$600,000  or  $700, 000, that  she  would  Dot  hypothe.- 
cate  any  of  her  estate,  as  he  had  little  confi-i 
deuce  in  the  business  capacity  of  ladies.and  bv 
so  doing  she  would  break  lier  word;  I  told 
her  I  would  he  glad  to  assist  her,  hut 
under  no  circumstances  could  I  accede  to  her! 
request  to  sign  my  name  as  acceptance  to 
her  note;  I  suggested  that  she  should  go 
some  broker  or  banker  of  respectability  wool 
might  arrange  to  obtain  for  her  the  funds  she! 
required;  I  also  inquired  if  she  had  any  banker, 
or  business  agent  who  was  in  the  habit  of  at¬ 
tending  to  her  affairs;  she  said  Mr.  Van  Ness) 
was  her  business  agent  and  kept  her  funds 
and  accounts  with  Alex.  Brown  &  Son,  corned 
Calvert  and  Baltimore  streets;  she  said  Mr.' 
Van  Ness  was  sick  and  that  she  ban  been  M 
the  office  of  Alex.  Brown  &.  Son,  and  that  Mr.l 
Browu  had  not  yet  come  ffi  from  his 
country  residence;  I  then  offered  tq 
accompany  her  to  the  office  of  Mr.  Geo.  Guest: 
a  property  broker,  and  told  her  I  could  recent) 
mend  him  as  a  gentleman  to  he  relied  upon  to 
assist  her  to  make  a  money  negotiation: 
Mrs  Wharton  intimated  tome  (I  don’t  reme.mj 
her  the.  precise  terms  she  used)  that  she  would 
be  willing  to  pay  a  considerable -sum  to  effect 
i  this  negotiation,  but  she  did  not  name  the  sun 
at  that  time:  she  accepted  my  offer,  and  w< 
went  to  Mr.  Guest’s  office;  I  introduced  her  ft 
him,  and  I  mentioned  to  him  iu  a  few  words 
the  object  of  her  visit:  ho  informed  her  thai 
ho  could  procure  funds  for  her  at  a  reasotiahkl 
rate  of  interest  if  she  could  hypothecate 
bonds  or  give  the  security  of  real  estate) 
she  repeated  to  him  innoh  of  the  same  slnl 
had  spoken  to  me;  I  think  she  stated  t<* 
him  the  same  reason  why  she  could  not  liyl 
pothecate  her  estate;  Mr.  Guest  inquired  iutcl 


THE  WHAETON-KETCTUJM  TRIAL. 


53 


ier  circumstances  as  I  bad  done,  and  con- 
:1  tided  by  telling  her  that  without  the  prop- 
Tty  security  she  could  not  obtain  the  money: 
he  told  him  that  she  could  not  even  have 
ier  accruing  income  so  fixed  as  to  pay  oli  the 
inte,  as  it  was  already  in  the  hands  of  Mr. 
/an  Ness  and  Mr.  Brown,  on  account  of  her 
etters  of  credit;  she  told  him  she  had  no  se- 
urities  she  could  make  use  of  for  such  a  pur- 
iose;  I  am  certain  she  told  him  the  same 
he  had  told  me  about  her  uncle 
n  Philadelphia;  her  first  request  of 
ilr.  Guest  was  for  $11,000;  she  did  not  state 
he  exact  time  for  which  she  wanted  the 
noney,  but  the  inference  was,  that  it  was  to 
>o  paid  as  her  income  became  due;  her  con¬ 
versation  to  Mr.  Guest  was  partly  addressed 
o  me;  Mrs.  Wharton  then  asked  Mr.  Guest  for 
.3,000  or  $5,000  on  the  security  of  her  furni- 
ure,  which  was  worth  $5  000;  Mr.  Guest  in- 
ormed  her  that  property  of  that  kind  would 
ot  be  taken  as  security  for  the  proposed  loan, 
,ud  declined  to  attempt  negotiation  on  such 
;erms;  that  was  all  the  conversation,  except 
hat  Mrs.  Wharton  said,  in  a  general 
hay,  both  to  Mr.  Guest  and  myself,  that 
he  would  pay  almost  anything  to  get 
he  money,  giving  as  a  reason  the  great 
isappointment  she  would  feel  if  obliged  to 
si-ego  her  trip  to  Europe;  she  mentioned 
1,000,  but  I  cannot  say  whether  it  was  in 
eference  to  the  loan  of  $11,000  or  $5,000;  Mrs. 
Wharton’s  manner  was  very  incoherent  and 
bid,  and  somewhat  contradictory,  although 
le  proposed  to  Mr.  Guest,  to  litigate  the  debt 
urn  income;  her  attention  was  called  to  the 
bet  that  she  was  prevented  by  the  fact  of  her 
remise  to  her  uncle  in  Philadelphia,  and  also 
3 at  her  income  had  to  be  paid  to  Messrs, 
lex.  Brown  &  Son  on  her  letter  of 
.•edit;  she  said  then  that  I  knew  the 
L) an  would  be  paid;  I  suggested  that 
ie  might  be  shipwrecked  and  lose  her 
fe,  and  she  said  that  in  case  of  any  accident 
i  her  her  daughter,  Miss  Nellie,  would  pay  all 
morable  debts  of  her  mother;  both  Mr.  Guest 
id  I  again  informed  her  that  such  was  uot, 
icurity  in  a  business  point  of  view;  1  gathered 
om  her  conversation  that  Miss  Nellie  was 
>iDg  to  Europe  with  her;  I  can’t  say  that  ally¬ 
ing  was  said  to  her  about  the  probability  of 
j-iss  Nellie’s  being  also  lost  by  shipwreck; 
rs.  Wharton  said  she  had  been  to  Messrs, 
dmst.on  &  Bros.,  and  they  had  promised  to 
rnish  her  the  money  if  she  could  get  a  relia- 
e  gentleman  to  endorse  for  her,  and  that 
r.  Johnston  had  suggested  my  name, 
king  her  if  she  knew  me;  Mrs.  Wharton 
If t  Mr.  Guest’s  office  with  me;  I  parted 
.th  her  on  Baltimore  street,  about  ] 
,lf  past  2  P.  M.;  tier  manner  during  all  this  ! 
ne  was  very  excited,  and  she  appeared  to  be 
boring  under  strong  excitement,  so  much  so 
at  I  did  uot  think  her  entirely  in  her  right 
nd;  she  said  she  had  given  her  promise  to 
r  uncle  in  Philadelphia  and  would  break 
r  word  if  she  hypothecated  any  of  lier  es- 
ie;  she  did  not  say  that  her  income  would 
pledged,  but  gave  nie  to  understand  that  it 
mid  be  applied  to  the  payment  of  the  loan, 
dross-examined  by  Mr.  Steele — She  did  not 
ite  when  she  had  paid  her  passage  and  her 
ughter’s,  and  how  long  they  had  contem¬ 


plated  their  trip  to  Europe;  the  conversation 
at  Mr.  Kirk’s  took  place  about  noon  on  the 
7th  of  July  last;  she  said  the  money  was  for 
the  expenses  of  her  European  tour. 

To  Mr.  Hagner — I  told  her  I  did  not  doubt 
the  honesty  of  her  purpose  to  pay  back  the 
money;  and  I  then  spoke  of  the  impossibility 
of  her  paying  it  from  her  income,  a3  she  had 
stated  it  was  in  the  hands  of  Messrs.  Alex. 
Brown  &  Son. 

Prof.  Eiyiuk  Donaldson  was  next  called,  and 
testified — I  reside  in  Baltimore,  and  am  a 
physician:  I  have  been  in  active  practice 
twenty  years;  I  have  had  experience  with 
gelsemiuim,  or  yellow  jasmine,  and  have  pre¬ 
scribed  it  very  frequently  within  the  last  few 
years;  I  have  generally  prescribed  it  for  facial 
neuralgia,  and  with  good  effects:  I  have  gen¬ 
erally  given  it  in  dose  of  thirty  or  forty 
drops,  repeated  every  two  hours;  its  effects 
have  been  principally  to  lull  pain  by  its 
action  on  the  sensory  nerves;  I  have  never 
given  it  to  the  extent  of  producing  any  de¬ 
cided  impression  upon  the  motory  nerves,  lmt 
the  authorities  state  that  it  has  a  decided  effect 
upon  these  nerves  distributed  to  the  upper 
eyelid  and  the  lower  jaw;  I  can’t  say  that.  I 
have  seen  that  condition  brought  about;  cases 
have  been  reported  of  its  beneficial  effects 
upon  the  nerves  of  the  sympathetic  system 
distributed  to  the  minute  arteries;  the  nerves 
of  the  sympathetic  system  affected  by  it  are 
called  vasor  mortor  nerves;  in  many  parts  of 
the  body  the  quantity  of  the  blood  is  variable, 
and  yellow  jasmine  lessens  the  increased  How 
ot  the  blood  to  certain  parts  of  the  body;  I  ha ve 
noticed  a  temporary  dizziness;  I  have  used  it 
almost  exclusively  in  cases  of  facial  neu¬ 
ralgia;  in  my  judgment,  thirty  or  forty  drops 
every  two  hours  is  not  an  improper  dose;  I 
have  never  seen  any  bad  effects  from  that 
quantity,  except  the  little  dizziness  I  have 
spoken  of;  I  have  frequently  not.  returned  to 
my  patients  for  twelve  hours  after  giving  it, 
so  safe  do  I  consider  it;  I  did  not  hear  Dr. 
Williams’  testimony. 

Mr.  Syester  here  stated  that  he  proposed  to 
ask  the  witness  a  hypothetical  question.  He 
then  passed  to  the  defence  a  lengthy  written 
statement  of  General  K.’s  symptoms,  the  re¬ 
sult  of  the  post  mortem,  the  fact  of  the  dis 
covery  of  antimony,  etc.,  and  asking  if,  in  his 
opinion,  death  was  from  natural  can  es. 

After  reading  it  Mr.  Steele  said  to  the  coun¬ 
sel.  for  the  State,  “Of  course  you  put  in  your 
view  of  the  case;  we  do  not  admit  it,  by  any 
means  ” 

Mr.  Syester  then  read  the  question  above 
given  to  the  witness,  and  Dr.  Donaldson  re¬ 
plied:  Of  course  it  would  be  impossible  to 
form  a  correct  opinion  without  carefully  com¬ 
paring  the  symptoms  during  life  with  the  post 
mortem  lesions;  doing  that  I  acknowledge  I 
would  be  very  much  puzzled  to  make  a  clear 
diagnosis,  for,  from  the  description  given,  I 
cannot  say  that  I  recognize  any  disease  with 
which  lam  familiar,  either  from  myowu  ■  ob¬ 
servation  or  from  my  reading:  there  are 
points  of  resemblance  to  several  well  known 
diseases,  but  at  the  same  time  there  is  the  ab¬ 
sence  in  each  one  of  those  cases  of  prominent 
symptoms  which  we  usually  find  in  those 
morbid  conditions.  The  initiation  ef  the  dis- 


54 


THE  WHARTON-KETCHUM  TRIAL. 


ease  has  the  appearance  of  what  is  commonly 
recognized  as  cholera  morbus,  from  intestinal 
irritation  caused  by  undigested  or  indigestible 
articles  of  food:  the  effect  of  that  irritation  is 
to  produce  profuse  vomiting  and  intestinal 
discharges  to  an  extent  of  exhausting  in  a 
great  measure  the  blood  of  its  watery  elements; 
I  have  never  seen  a  fatal  case  of  cholera 
morbus,  and  I  question  if  they  often  occur, 
and  I  think  when  met  with  they  result  from 
some  poisonous  substance  eaten,  for  iustauce, 
decayed  tish,  vegetable  matter  or  fruits;  atfter 
the  initiation  of  the  disease,  the  individual 
seems  to  have  entirely  recovered  from  the 
effects;  ordinarily  after  an  attack  of  cholera 
morbus  we  expect  the  patient  to  be  weak,  but 
after  rest  to  be  able  to  digest  ordinarily 
digestible  food;  in  this  case,  if  I 
understand  the  record,  the  patient  had 
a  return  of  the  symptoms  twice,  and 
died  in  a  seini-comatose  state  with 
convulsions;  I  have  never  seen  a  fatal  case  of 
cholera  morbus,  but  I  suppose  the  death  would 
be  similar  to  the  death  from  Asiatic  cholera, 
fatal  cases  of  which  1  have  frequently  seen 
both  in  this  country  and  in  Europe;  in  those 
cases  the  consciousness  is  clear,  skin  clammy 
and  bathed  in  perspiration  ;  tongue  cold;  in¬ 
telligence  generally  clear  and  the  patient  dy¬ 
ing  evidently  from  exhanstiou ;  there  is 
also  the  peculiar  organic  poison  of  Asiatic 
cholera;  'I  would  expect  in  the  autopsy 
of  a  person  who  had  died  from  cholera 
morbus  the  same  condition  of  the  heart  and 
lungs  as  is  found  in  Asiatic  cholera;  the 
venous  blood  collects  in  the  right  side  of  the 
heart,  supposed  to  be  the  case  in  consequence 
of  the  small  circulation  in  the  minute  capil¬ 
laries  of  the  body;  the  blood,  to  properly  cir¬ 
culate.  must  have  its  proper  quantity  of 
water:  I  would  expect  to  find  the  right  side  of 
the  heart  very  much  distended  by  this  venous 
blood.  Such  being  the  case  I  could  not  state 
that  the  individual  died  of  cholera  morbus. 
There  is  some  resemblance  to  the  patient  dying 
of  what  wecalluraenicp  >ison,  where.owiugto 
the  deficient  action  of  the  kidneys  from  dis¬ 
ease,  there  is  retained  in  the  blood  an  extra 
quantity  of  the  effete  substance,  known  as 
urea,  resulting  from  the  disintegration  of  the 
body:  it  accumulates  in  the  blood,  interferes 
with  the  capillary  circulation,  and  produces  a 
form  of  dropsy,  anil  various  other  effects  upon 
the  organism,  and  frequently  ends  in  con¬ 
vulsions;  this  disease  is  generally  a 
gradually  progressing  one,  and  one  of  its 
most  prominent  symptoms  is  the  presence  of 
albumen  in  the  urine,  and  under  the  miscro- 
scope  of  what  are  known  as  casts  of  the  kid¬ 
neys.  When  a  person  dies  from  this  poison  we 
find  evidences  of  disease  of  kidneys,  of  which 
there  arc  two  or  three  varieties;  in  this  case 
no  albumen  was  found  in  the  urine,  and  no 
disease  in  the  kidneys;  I  am,  therefore, 
obliged  to  exclude  the  idea  of  nraenic  poison; 

I  would  suspect  some  serious  disease  of  the 
brain,  and  what  is  popularly  known  as  apo¬ 
plexy:  true  apoplexy  is  ordinarily  a  sudden 
disease,  preceded  generally  bv  threatening 
such  as  numbness,  owing  to  impaired  sensi¬ 
bility  or  temporary  lessening  of  the  power  of 
motion:  ordinarily  when  the  attack  comes  on 
it  is  sudden,  the  patient  falls,  has  loss  of  con¬ 


sciousness,  and  frequently  paralysis  in  differ 
eut  parts  of  his  body:  technically,  we  cal 
those  cases  apoplexy  in  which  there  is  cere 
bral  hemorrhage— rupture  of  the  minute  ves¬ 
sels;  the  term  is  often  applied  popularly  when 
there  is  no  hemorrhage,  but  only  momentary 
loss  of  consciousness;  there  is  another  font 
spoken  of  by  the  old  writers,  where  there  i: 
no  clot,  but  an  effusion  into  the  ventricle  o: 
the  brain;  more  modefu  authoritiei 
do  not  bear  that  out:  the  symptoms  of 
appoplexy  vary  according  to  the  place  when 
the  clot  is  effused;  if  it  is  in  or  near  where  il 
presses  upon  what  is  known  as  corpus  striatun 
and  the  opticthalmus,  we  will  have  paralysis 
in  other  portions  of  the  brain  we  would  liavi 
restricted  paralysis,  not  general  paralysis;  it 
cases  of  death  from  apoplexy  we  wool  i  expeel 
to  had  relaxation  of  the  limbs,  complete  coma 
slow,  measured  respiration,  and  correspond¬ 
ing  slow  pulse;  if  I  understand  the  record 
those  symptoms  were  not  present  in  this  case 
in  a  post  mortem  of  a  case  of  apoplexy  w( 
would  expect  to  find  a  clot  of  blood:  the.  ac¬ 
count,  as  read  to  me,  does  not  state  that  sncL 
a  clot  was  found,  and  I  am,  therefore 
obliged  to  exclude  the  disease  known  as 
apoplexy. 

There  is  another  disease  to  which  tlu 
symptoms  bear  some  resemblance,  knowr 
as  congestion  of  the  brain;  there  are  twc 
forms,  one  known  as  arterial  congestion,  the 
other  as  venous  or  passive  congestion;  befon 
the  circulation  of  the  brain  was  as  well  de 
monstrated  as  it  now  is,  it  was  supposed  tha- 
congestion  of  the  brain,  as  a  primary  cause 
was  a  frequent  disease,  but  modern  investiga 
tion  has  shown  that  nature  has  protected  tin 
circulation  of  the  braiu  with  more  safeguard, 
than  any  other  portion  of  the  “body! 
it  is  shut  up  in  an  air-tight  box 
where  no  atmospheric  pressure  can  bear  upon 
it  directly;  so  true  is  that  that  for  years  i: 
was  questioned  if  there  could  be  at  differen 
times  any  variable  quantity  of  blood  in  th<: 
braiu,  the  texture  of  the  brain  being  of  sucl 
a  delicate  nature  that  any  pressure  upon  i 
would  interfere  not  only  with  the  function 
of  the  braiu  proper,  but  of  all  the  function! 
and  organs  of  the  body,  because  the  nervou 
system,  of  which  the  braiu  is  the  centre- 
presides  over  all  the  organic  function! 
of  the  body,  so  that  if  there  was  I 
congestion  and  over-distention  of  th-li 
blood  vessels,  it.  would  produce  seriouii 
results;  it  was  found  that  nature  had  provide! 
another  fluid  to  pass  in  aud  out  of  the  brain 
according  to  whether  the  brain  was  active  ol 
quiet;  it  is  called  cephalo-zacbidien  fluid,  il 
circulates  from  the  spinal  cord  to  the  brain.  s| 
as  to  keep  an  equal  pressure  upon  the  braiii 
in  addition,  there  is  a  peculiar  construction  oj 
the  large  veins,  which  are  adherent  to  tk 
covering  of  the  brain,  by  means  of  which  the, 
are  kept  open:  this  assists  in  the  removal  o 
the  venous  blood  from  the  brain,  by  which  i 
is  known  as  the  force  of  inspiration;  my  objec 
in  stating  this  is  to  show  the  obstacles  t< 
congestion  of  the  brain;  in  addition 
there  is  a  provision  by  which  th 
larger  vessels  do  not  pass  into  the  substance  o 
the  brain;  there  is  also  the  presence  of  a  doubl 
valve  to  prevent  the  venous  blood  frod 


THE  WHARTON-KETCHUM  TRIAL. 


55 


regurgitating  back  into  the  head,  at  the  point 
■where  the  internal  jugular  vein  empties 
into  the  unominata;  from  these  physi- 
ological  facts  modern  authors  state  that 
venous  congestions,  so  as  to  produce  death, 
very  rarely  occur  except  as  the  result  of  some 
preceding' disease;  when  a  patient  dies  and 
venous  congestion  is  supposed  to  he  the  cause 
we  would  expect  to  find  all  the  veins  of  the 
brain  surcharged  with  blood;  arterial  con¬ 
gestion  of  the  brain  is  not  ordinarily  an 
acute  disease;  when  it  does  occur  the 
inactivity  of  the  circulation,  not  the 
quantity  of  the  blood,  is  the  cause  of  death; 
when  persons  are  in  convulsions  there  is  al¬ 
most  always  more  blood  found  in  the  veins  of 
the  brain  than  when  they  die  from  ordinary 
diseases;  this  is  in  consequence  of  the  fact  that 
during  a  convulsion  there  is  an  interruption 
to  the  regular  number  of  inspirations  which 
are.  important  to  draw  the  venous  blood  down 
to  the  heart;  I  therefore  can  give  the  opinion 
that  the  individual  named  did  not  die  of  con¬ 
gestion  of  the  brain  of  either  form.  There  is 
still  another  disease  of  the  brain  to  which 
there  is  some  resemblance  in.  the  symptoms 
given,  because,  when  consciousness  is  in¬ 
terfered  with,  we  naturally  suspect  it  results 
from  some  brain  disorder:  that  is  acute  in¬ 
flammation  of  the  structure  of  the  brain 
itself;  it  was  formerly  supposed  to  be  met  with 
as  a  disease  independent  of  traumatic  cause, 
injuries,  forinstance;  but  since  the  application 
of  minute  dissection  and  the  microscope  this 
lis  now  known  to  be  an  exceedingly  rare  dis¬ 
ease;  when  it  does  occur  it  is  generally  of 
what  is  now  called  from  degeneration  of  the 
arteries,  ending  iu  red  softening,  a  chronic 
disease;  we  can  have  inflammation  of  the 
i  membranes  surrounding  the  brain,  but  it  is 
very  rare  except  as  one  of  the  forms 
if  the  development  of  tuhucle,  which  oc¬ 
curs  mostly  in  children;  in  inflammation 
of  the  structure  of  the  brain  we  would 
oxpect  to  find  punctiform  ext.ravisa- 
;ion  ;  from  the  Rymptoms  here  related  1  ex 
dude  inflammation  of  the  structure  of  the 
brain  or  inflammation  of  the  covering  of  the 
or:  in  ;  there  are  two  other  diseases  of  the 
main  in  which  there  are  one  or  two  points  of 
.  resemblance  to  the  case  here  stated — one  is 
:rnown  as  cerebro  spinal  minigitis,  that  is 
where  there  is  inflam  [nation  ot  the  upper  part 
of  the  spinal  cord  as  it  enters  the  skull;  the 
only  symptom  of  the  disease  here  related  is 
b'here  the  head  is  thrown  back  m 
i  Convulsions  ;  the  preceding  history  of  the  case 
and  the  absence  of  the  characteristic  post 
mortem  lesions  preclude  the  idea  of  death 
from  cerebro  spinal  minigitis.  The  te¬ 

tanic  spasms  spoken  of  would,  sug¬ 
gest  the  possibilitv  of  its  being  a 

oase  of  tetanus,  which  generally  results 
from  an  injury;  it  very  larely  occurs  as  a 
primary  disease;  if  it  had  been  tetanus  I 
hould  have  expected  it  to  have  had  the  pecu¬ 
liar  tetanic  spasms  throughout  the  disease; 
this  results  from  the  spasmodic  contraction  of 
the  muscles  of  the  body,  and  is  not  connected 
'with  the  brain  it.self;tbose  are  all  of  the  natural 
causes  to  which  I  could  impute  the  death  in 
this  case;  I  therefore  feel  justified  in  saying 
That  to  the  best  of  my  knowledge  and  belief 

IK  1  - 

I 


he  did  not  die  of  natural  causes.  There  is  one 
symptom  which  would  make  me  strongly 
suspect  opium,  and  that  is  the  semi-comatose 
condition.  I  have  seen  persons  die  from 
opium,  several  suicides  and  deaths  from  the 
accidental  administration  of  it,  aud  in  every 
one  of  those  cases  coma  was  profound;  it  was 
impossible  to  rouse  them,  ami  in  this  case  we 
are  told  he  spoke  intelligibly;  as  far  as  mjr 
memory  serves  me  in  each  of  those  cases  of 
poisoning  the  pupil  was  excessively  contracted, 
the  breathing  slow  and  measured,  and  the 
pulse  generally  correspondingly  slow;  in  the 
cases  I  have  seen, death  was  caused  by  a  condi¬ 
tion  which  we  recognize  as  asphyxia,  which  is 
from  deficient  aeration  of  the  blood;  this  is  in 
consequence  of  the  impairment  of  the  mus¬ 
cles  of  respiration;  from  the  salts  of  morphia, 
and  the  other  alkaloids  of  opium;  opium 
being  the  most  powerful  sedative  of  the  ma¬ 
teria  medica;  when  the  individual  is  suffi¬ 
ciently  under  its  influence  to  die  from  it, there 
is  a  paralysis  of  the  centres  of  sensation  and 
the  nerves  of  motion;  the  deficiency  of 
air  causes  the  venous  blood  to  flow 
where  the  arterial  blood  flows;  this,  of  itself, 
would  cloud  the  intellect;  I  cannot  see  that 
the  individual  died  from  opium;  the  semi- 
comatose  state  would  indicate  that  a  mode¬ 
rate  dose  had  been  given,  hut  not 
enough  to  overpower  his  system  and  cause 
death;  my  experience  corresponds  with  my 
reading  on  the  subject  of  opium  poisoning; 
some  of  the  authorities  speak  of  the  pupils 
becoming  relaxed  at  the  last  moments  of  life 
from  the  general  relaxation;  I  have,  however, 
never  observed  that  feature;  it  is  estimated 
that  one-sixth  of  the  whole  mass  of  blood 
goes  to  the  brain;  the  time  at  which  death 
would  follow  from  opium  would  depend  upon 
the  condition  of  the  patient’s  stomach  and  the 
susceptibility  of  his  system  to  its  effects. 

To  the  Court — If  the  dose  of  opium  had  been 
administered  on  Tuesday  afternoon,  I  suppose 
be  would  have  died  before  Wednesday  at  3 
P.  M.;  the  longest  case  I  ever  knew  of  was 
twenty- four  hours,  and  the  patient  was  then 
in  a  profound  coma. 

To  Mr.  Revell— If  the  individual  bad  died 
two  hours  after  a  final  dose  had  been  given 
him,  and  twenty  grains  of  tartar  emetic  was 
found  in  his  stomach,  I  would  naturally  sup¬ 
pose  that  a  much  larger  quantity  had  been  ab¬ 
sorbed;  tartar  emetic  is  one  of  those  metallic 
salts  which  does  not  coagulate  albumen,  and 
when  taken  into  the  stomach  freely  diluted, 
passes  with  rapidity  into  the  vessels  known  as 
absorbents,  and  into  the  minute  veins;  it  circu¬ 
lates  freely,  and  is  readily  eliminated,  that. is, 
it.  passes  in  and  out  of  the  organism  with 
great  rapidity;  it  is  estimated  that  the  circu¬ 
lation  of  the  blood  in  an  adult  is  accomplished 
in  thirty  seconds,  and  a  metallic  salt  in  the 
blood  passes  through  the  organs  into  the  kid¬ 
neys,  from  which  it  is  eliminated;  during  the 
two  hours,  in  the  case  given  me,  the  absorbents 
and  veins  would  be  active  in  taking  up  what 
ever  was  there,  arid  moreover,  the  mechanical 
action  of  the  stomach  would  force  the  fluid 
into  the  upper  part  of  the  small  intestines, 
where  the  absorption  is  still  more  active  than 
in  the  stomach:  in  regard  to  the  symptoms  from 
tartar  emetic,  I  have  never  seen  a  case  of  acute 


5G 


THE  WHARTON-KETCHUM  TRIAL. 


poisoning  from  tartar  emetic;  I  therefore 
cannot  state  what  are  the  symptoms  except 
from  my  readings;  in  this  case  the  symptoms 
closely  correspond  to  what  the  authors  state 

_ the  frequent  respirat  ion,  clammy  skin,  great 

prostration,  and  finally  the  convulsions,  to¬ 
gether  with  rigidity  of  the  muscles  of  the  ex¬ 
tremity  of  the  jaws;  the  authors  speak  of  the 
patients  dying  in  an  insensible  condition,  but 
I  don’t  remember  ever  in  a  stupid  condition; 
they  speak  of  great  pain  and  a  burning  sensa¬ 
tion  in  the  stomach,  violent  vomiting,  purg¬ 
ing  and  disturbance  of  the  cerebral  functions: 
we  aro  all  in  the  habit  of  administering 
chloroform  to  control  convulsions,  no  matter 
from  what  cause  they  come;  chloral  is 
given  also  frequently'  to  keep  up  the 
effects  of  the  chloroform;  I  should  say  that  in 
this  case  chloroform  was  a  very  proper  ad¬ 
ministration;  upon  the  theory  that  gelsem- 
inum  acts  in  controlling  venous  congestion, 
I  should  say  it  was  a  judicious  prescription  in 
this  case;  the  observations  made  of  gelsem- 
inum  render  that  theory  plausible;  opium  ad¬ 
ministered  with  tartar  emetic  would  modify 
the  effects  of  the  emetic;  it  lessens  the 
vomiting,  and  produces  tolerance^ 

The  Court  now  adjourned  until  to-morrow 
at  10  A.  M.,  when  the  examination  cf  Prof. 
Donaldson  will  be  resumed. 


FIFTEENTH  DAI. 

Axnapolis,  December  20, 1871. 

The  Wharton-Ketchum  trial  bids  fair  to 
prove  as  notable  for  the  length  of  time  it  will 
occupy  as  in  the  circumstances  andiucidents 
which  have  attracted  to  it  so  large  a  share  of 
public  attention.  The  State’s  officers  have 
evidently  been  active  in  preparing  the  case, 
and  the  testimony  already  offered  is  more 
voluminous  than  was  at  first  supposed  to  be 
in  their  possession. 

Prof.  Donaldson  was  recalled  upon  the  open¬ 
ing  of  the  Court  to-day,  and  turned  over  to 
the  defence  for  cross-examination.  In  answer 
to  Mr.  Steele’s  interrogatories,  he  testified  as 
follows:  1  am  a  Professor  in  the  University 
of  Maryland,  and  am  associated  with  Pro¬ 
fessors  Chew,  Miles  and  Aik. u;  I  had  the  pa¬ 
per  read  here  yesterday  read  to  me  by  Dr. 
Williams  two  days  before;  I  had  conversed 
with  him  before  about  the  case;  some  per¬ 
sons  are  more  susceptible  to  particular  medi¬ 
cines  than  to  others:  it  would  depend  very 
much  upon  the  condition  of  the  patient’s 
health;  we  understand  by7  the  vital  powers 
only  those  peculiar  properties  by  which  they 
appropriate  nourishment;  gelseminum  would 
not  be  described  as  a  sedative  in  the  same 
sense  as  opium;  it  is  somewhat  of  an  anesthetic; 
there  are  three  main  forces  governing  the  sys¬ 
temic  circulation  of  the  blood — that  of  the  left 
ventricle  of  the  heart,  the  elasticity  and  the 
muscular  contractility  of  the  arteries;  gelsemi- , 
num  is  not  supposed  to  act  on  the  centre,  | 
the  heart,  but  upon  the  minute  arteries;  it 
does  not  affect  the  flow  from  the  heart, 
but  merely  the  arteries  where  they  empty 
in  the  capillaries;  I  have  heard  of  deaths  re¬ 
sulting  from  chloroform,  but  they  are  except¬ 


ional;  chloroform  is  pre-eminently  an  anes¬ 
thetic,  and  in  overdoses  it  acts  powerfully 
upon  the  heart;  chlorolorm  deadens  the  acute¬ 
ness  of  the  sensory  nerves;  I  suppose  there  is 
such  a  thing  as  an  overdose  of  gelseni- 
iuum;  I  know  of  two  cases  of  death 
from  gelseminum,  but,  the  doses  were  over¬ 
large;  one  was  reported  by  Professor  Worm ly, 
of  Ohio,  and  the  other  by  Dr.  Davis,  of  West 
Virginia;  there  have  been  deaths  from  even 
table  salt,  and  an  overdose  of  almost  anything 
will  cause  death;  chloroform  is  the  most  pow¬ 
erful  agent  to  control  convulsions,  and  I  think 
Dr.  Williams  was  right  to  give  it  to  General 
Ketchum  when  he  did;  1  have  never 
seen  any  sedative  effect  upon  the 
heart  by  gelseminum;  I  have  never 
prescribed  it  for  congestion  of  the  brain;  I 
have  never  seen  a  post  mortem  of  a  person 
who  had  died  from  gelseminum:  I  remember, 
however,  that  Professer  Wormly  states  in  a 
case  he  reports  that  there  were  no  decided 
lesions;  I  am  certain  that  no  convulsions  were 
reported:  I  know  of  a  case  of  death  from 
chloral,  400  grains  having  been  taken,  and 
again  in  a  casetM  attempted  suicide  600  grains 
were  taken,  aud  after  eighteen  hours  sleep 
the  effects  passed  off;  as  a  remedy  chloral  is  in 
universal  use;  in  my  opinion  the  use  of  chloral 
is  safe;  the  action  of  chloral  is  similar  to  the 
action  of  chloroform;  it  is  decomposed 
in  the  blood  and  is  considered  a  much 
safer  remedy  than  chloroform;  it  is 
of  course  a  daugerous  remedy  when 
the  blood  is  surcharged  with  it;  my 
opinion  that  General  K.’s  death  was  from  un¬ 
natural  causes  was  founded  on  the  symptoms 
]  and  the  post  mortem  examination;  I  should 
have  been  puzzled  to  account  for  the  cause  of 
|  death  from  the  symptoms  alone,  and  I  would 
l  not  have  given  an  opinion  only  on  the  symp¬ 
toms;  I  should  have  also  declined  to  have 
given  an  opinion  from  the  post  mortem  ob¬ 
servations  alone;  it  is  from  the  symptoms  and! 
the  post  mortem  observations  that  I  am  en¬ 
abled  to  arrive  at  an  opinion;  there  are  dis¬ 
eases  in  which  there  are  no  perceptible  post 
mortem  lesions;  for  example,  persons  some-; 
times  die  from  a  simple  nervous  shock:  I  have] 
never  seen  a  post  mortem  of  a  person  who  had 
:  died  from  cholera  morbus;  at  the  commence-] 
I  ment  there  is  a  decided  similarity  between; 
the  symptoms  of  cholera  morbus  aud  irritauq 
poisoning. 

Mr.  Steele  here  read  from  Taylor  on  Poison¬ 
ings,  page  124. 

Dr.  Donaldson  continued — I  stated  yesterday 
that  the  initiation  of  the  case  indicated) 
cholera  morbus,  but  the  subsidence  of  the 
symptoms  in  the  progress  of  the  case  changed 
my  lirst  impression;  the  deaths  recorded  from 
tartar  emetic  aro  generally  caused  by  thq 
tetanic  convulsions. 

Mr.  Steelo  here  read  from  2d  vol.  Beck’s 
Medical  Jurisprudence.,  page  647,  as  to  tkd 
effect  of  tartar  emetic  iu  distending  the  heart 
as  in  cholera  morbus. 

Dr.  Donaldson  distinguished  the  twej 
cases  in  this  instance  from  the  symptoms: 
the  condition  of  the  heart  was  only  one  cle¬ 
ment;  there  may  be  a  variance  in  the  symp¬ 
toms  of  cholera  morbus  or  tetanic  poisoning] 
but  we  would  have  to  collect  the  various 


THE  WLIARTON-KETCHUM  TRIAL. 


57 


features,  and  have  some  of  the  more  promi¬ 
nent  to  enable  us  to  recognize;  there  may  be 
i  deficiency  in  some  of  the  prominent  features 
iwing  to  the  intensity  of  the  attack  and  the 
constitution  of  the  patient;  in  the  case  here 
•elated,  taking  it  altogether — symptoms  and 
lost  mortem — the  pathological  lesions  corres¬ 
ponded  to  those  reported  in  cases  of  poisoning 
:rom  tartar  emetic;  the  symptoms  of  poison- 
ng  from  arsenic,  as  reported  by  the  authori- 
ries,  are  somewhat  different  from  those  re¬ 
ported  in  this  case;  if  arsenic  had  been 
ounu  in  Genera  Ketclmm’s  stomach  I 
would  have  looked  for  different  symptoms: 
mpposmg  that  arsenic  had  been  found  instead 
if  tartar  emetic  I  could  not  have  formed  the 
ipinion.  that  death  had  resulted  from  arsenical 
joisoning  unless  I  had  found  the  symptoms  of 
inch  poisoning;  if  laudanum  had  been  found 
[  would  not  have  concluded,  in  the  absence  of 
tne  symptoms  of  opium  poisoning,  that  death 
bad  resulted  from  an  overdose  of  laudanum; 
[stated  yesterday  that  the  hooks  did  not  re¬ 
port  a  semi-eomat  rse  state  from  tartar  emetic; 
there  are  cases  reported  of  convulsions  in 
cases  of  opium  poisoning;  cases  have  been  re¬ 
corded  where  there  was  no  vomiting  or  purg¬ 
ing  from  tartar  emetic  poisoning;  the 
general  symptoms  are  burning,  cramps 
md  convulsions,  vomiting  and  purging; 
hn  authorities  state  that  very  frequently 
ifter  eases  of  tartar  emetic  poisoning  there 
ire  points  of  congestion  in  the  stomach  and 
iinall  intestines:  the  authorities  state  also 
"hat  the  lesions  are  very  variable;  I  don’t  re 
netnber  that  the  best  authorities  state  that 
:lie  lung's  would  be  affected:  if  there  was  a 
'refuse  intestinal  discharge  I  would  suppose 
here  would  bo  an  unusual  quantity  of  venous 
blood  in  the  lungs;  gelseminum  has  been 
recommended  to  relieve  both  passive  and  ac¬ 
tive  congestion,  hut  1  think  it  is  principally 
:or  passive  congestion;  tartar  emetic  depresses 
she  heart;  it  weakens  its  force  and  increases 
■ts  frequency;  as  far  as  my  experience  goes 
relseminum  has  no  direct  effect  upon 
he  heart,  but  upon  the  arteries, 
i.  long  distance  from  the  heart : 
t  would  do  this  without  disturbing  the  action 
>f  the  heart;  tartar  emetic  is  readiiv  absorbed, 
and  readily  eliminated,  and  after  an  interval 
>f  twenty-four  hours  its  effects  might  pass  off'; 
f  a  man  had  been  lying  semi-comatose  from 
he  evening  of  one  day  to  2  P.  M.  the  next 
lay,  the  circulation  of  the  blood  would  go  on, 
md  I  should  say  absorption  would  certainly 
coon;  it  might,  be  somewhat  lessened;  I  should 
Pink  absorption  would  be  less  influenced  by 
i  semi-comatose  state  than  the  other  active 
unctions  of  the  body,  such  as  digestion;  opium 
las  the  reputation  of  modifying  the  effects  of 
i  artar  emetic,  and  I  suppose  laudanum  would 
iso;  I  cannot  say  that  laudanum  would  les- 
en  the  absorption  of  tartar  emetic;  when  we 
described  tartar  emetic  for  pneumonia  we 
vould  g  ve  live  drops  of  laudanum  to  each 
our  Mi  of  a  grain  of  tartar  emetic;  I  think  that 
ras  the  proportion,  if  I  remember  correctly; 
hat  would  be  600  drops  of  laudanum  to  20 
Tains  of  tartar  emetic;  if  400  drops  of  lauda- 
ititn  had  been  taken  it  would  have  killed  the 
iatient,  unless  lie  had  been  an  opium  eater;  if 
our  large  doses  of  tartar  emetic  had  been 


given  on  four  successive  days,  I  could  not  say 
that  the  post  mortem  would  show  lesions  de¬ 
cided  enough  for  the  formation  of 
an  opinion;  senii-coroatose  condition  is 
not  mentioned,  as  far  as  my  knowl¬ 
edge  goes,  as  one  of  the  symptoms  of  tartar 
emetic  poisoning;  insensibility,  but  not  coma, 
is  mentioned;  if  tartar  emetic  and  laudanum 
has  been  administered  two  hours  before  death 
I  cannot  say  how  soon  convulsions  would  fol¬ 
low,  hut,  as  I  said  yesterday,  the  absorption 
of  tartar  emetic  is  very  rapid;  I  do  not  remem¬ 
ber  having  read  of  a  case  of  opium  poisoning 
in  which  the pnpil  was  not  contracted;  ordi¬ 
narily  the  effect  of  opium  upon  the  third 
pair  of  nerves  is  such  as  to  produce  contrac¬ 
tion.  Mr.  Steele  here  read  again  from  Beck’s 
Medical  Jurisprudence,  as  to  the  contraction 
of  one  eye  and  the  dilation  of  the  other.  The 
witness  continued — I  have  sometimes  ob¬ 
served  a  temporary  dizziness,  and  a  little 
drooping  of  the  eyelid  in  cases  of  the  admin¬ 
istration  of  gelseminum. 

To  Mr.  Hagner — Some  of  the  facts  I  men¬ 
tioned  yesterday,  as  to  the  circulation  of  the 
blood  in  the  brain,  have  been  known  to  the 
medical  profession  for  a  long  time;  Harvey 
knew  of  the  presence  of  the  valves,  but  he 
knew  Dotliing  of  the  capillary  eiiculatiou;  I 
hope  medicine  is  a  wonderfully  progressive 
science. 

To  Mr.  Revell — A  fatal  dose  of  arsenic  is  va¬ 
riable:  sometimes  one  grain  is  fatal. 

Dr.  J.  Harry  Thompson  was  next  called.and 
testified — I  have  resided  in  Washington  nine 
years,  and  am  Professor  of  Physiology  in 
Georgetown  College  and  Surgeon  in  Chief  of 
the  Woman’s  Plospital,  Washington,  D.  C.;  I 
have  been  practicing  20  or  27  years;  I  have 
seen  a  case  of  poisoniug  from  tartar  emetic; 
one  fatal  case  I  saw  at  St.  Bartholomew’s 
Hospital,  London,  in  1847;  the  patient,  a 
woman,  had  taken,  as  far  as  we  could  ascer¬ 
tain,  10  grains  of  tartar  emetic:  it  was 
followed  by  vomiting,  purging  and  a 
complaint  of  a  burning  sensation  in 
the  stomach,  giddiness  and  excessive 
prostration;  she  recovered  from  that 
dose,  and  in  a  few  hours  appeared  to  be  well 
enough  to  go  home;  she  took  another  dose  the 
same  evening;  there  was  but  little  vomiting 
or  purging  following  the  second  dose;  her 
pulse  became  rapid  and  feeble,  skin  cold  and 
clammy,  face  of  a  dusky  hue,  and  she  died  in 
violent  tetanic  spasms;  no  post  mortem  was 
made;  Mr.  Wakley  was  Coroner  at  the  time, 
and  a  post  mortem  was  deemed  unnecessary; 
I  can  give  no  other  case  in  which  it  was  clear 
that  a  poisonous  dose  of  tartar  emetic  had 
been  taken;  we  feared  that  other  poisons 
bad  also  been  taken,  and  that  the  symptoms 
were  masked;  I  cannot  therefore  give  that  case 
as  one  of  tartar  emetic  poisoning;  persons  who 
brought  tli e  woman  stated  that  she  had  taken 
it  about  half  hour  before;  she  was  brought  in 
a  quarter  past  6  P.  M.,  and  died  quarter  past 
10  A.  M-  the  next  day;  we  knew  of  her  taking 
in  the  two  doses  twenty  grains;  we  learned 
that  from  the  druggist;  the  time  in  which  the 
alarming  symptoms  would  appear  would  de¬ 
pend  upon  the  size  of  the  dose  and  the  condi¬ 
tion  of  the  patient;  the  symptoms  would  bo 
very  much  modified  by  the  quantity  given 


58 


THE  WHARTON-KETCHUM  TRIAL. 


and  the  way  in  which  it  was  given;  a  very 
large  dose,  say  twenty  or  thirty  \ 

grains,  administered  at  one  time,  would 
produce  very  different  symptoms,  and 
post  mortem  lesions  from  the  same 
quantity  given  in  several  small  doses;  I  have 
knowledge  of  the  use  of  yellow  jasmine;  it  is 
not  an  article  of  the  materia  medica  I  would 
select,  but  I  would  select  it  to  give  a  soothing 
effect  without  any  positive  narcotic  or  seda-  , 
tive  effect;  I  think  chloral  one  of  the  most 
valuable  of  recent  discoveries;  I  use  it  fre¬ 
quently  and  fearlessly7,  both  in  my  public  and 
private  practice,  not  having  regard  to  the 
quantity,  but  giving  it  until  the  desired  effect 
is  produced;  I  think  that  in  cases  of  convul¬ 
sions  it  would  be  of  all  remedies  the  best  that 
could  be  selected. 

Mr.  Syester  now  read  to  the  witness  the 
same  lengthy  hypothetical  statement,  he  had 
read  on  yesterday  to  Prof.  Donaldson,  and 
propounded  to  him  the  same  interrogatory  as 
to  his  opinion  of  the  cause  of  death. 

The  witness  continued— A  hypothetical  case 
is  always  a  difficult  one  upon  which  to  give 
an  opinion,  but  from  the  train  of  symptoms 
and  post  mortem  examination  given  to  me 
here,  my  decided  opinion  is  that  he  did  not 
die  from  natural  causes;  being  ac¬ 
quainted  with  the  lesions  which  attend  most 
fatal  diseases,  and  the,  symptoms  which  accom¬ 
pany  those  diseases,  I  lind  an  entire  absence  of 
any  data  which  would  correspond  to  any  di¬ 
sease  with  which  I  am  acquainted;  in  my 
opinion  the  administration  on  Monday  of  the 
creosote  and  lime  water  was  one  which  entire¬ 
ly  met  the  indications  of  cholera  morbus;  I 
think  it,  was  eminently  proper  to  have  admin¬ 
istered  yellow  jasmine,  because  it  exercises  a 
soothing  influence  more  particularly  upon  the 
sympathetic  or  the  ganglionic  nervous  sys 
tear  which  controls  the  capillary  system- 
it  would  assist  in  restoring  the  capillary  cir¬ 
culation  to  a  normal  condition;  I  apprehend 
that  no  educated  medical  man  who  has  any 
acquaintance  with  his  profession,  and  the  use 
of  chloroform,  could  possibly  take  aoy  excep¬ 
tion  to  the  administrations  in  this  case;  I  have 
already  given  the  symptoms  of  a  patient  suf¬ 
fering  from  an  overdose  of  tartar  emetic,  and 
the  jury  can  very  well  draw  the  proper  infer¬ 
ences  between  the  cases;  the  symptoms  here 
related  correspond  very  closely  with  those  I 
would  expect  to  follow  repeated  doses  of 
tartar  emetic;  the  effects  of  a  dose 
of  tartar  emetic  uncombined  with  any¬ 
thing  else  would  naturally  produce  vomit¬ 
ing  and  purging,  nature  thereby  elimi¬ 
nating  it;  I  should  think  the  administration 
of  opium  either  before  or  after  tlio  adminis¬ 
tration  of  tartar  emetic  would  have  the  effect 
of  reducing  the  symptoms,  so  far  as  vomiting 
and  purging  are  concerned,  preventing  its 
elimination  from  the  blood,  and  hence  produ¬ 
cing  a  more  lasting  and  profound  impression 
upon  the  nervous  system;  Ihe  time  of  the 
absorption  of  the  tartar  emetic  would  depend 
upon  the  condition  of  the  patient;  I  should 
expect  it  earlier  in  an  empty  stomach  than  in 
a  full  one;  the  effects  of  laudanum  upon  the 
system  arc  so  well  known,  that  I  pre¬ 
sumo  there  is  no  difference  of  opinion;  the 
time  in  which  its  effects  would  pass  off  would 


depend  upon  the  condition  of  the  patient, 
usually  iu  nine  or  ten  hours;  it  is.  however, 
sometimes  retained  for  some  time  in  the 
stomach:  taking  the  whole  case,  symptoms 
and  all,  I  should  say  decidedly  that  no  symp¬ 
toms  of  laudanum  poisoning  are  found;  I 
should  say  that  not  more  than  twenty -four 
hours  would  elapse  before  death  from  ail  over¬ 
dose  of  laudanum,  but  that  would  depend 
upon  the  condition  of  the  patient;  iu  this  case 
I  should  expect  laudanum  to  he  absorbed 
rapidly,  and  also  produce  its  constitutional 
effects  rapidly:  I  should  expect  the  decided 
effect  of  this  drug  to  be  manifested  in  1  his 
case  in  two  hours;  if  a  fatal  dose  of  laudanum 
had  beeu  administered  on  Monday  afternoon, 
it  is  not  likely  that  the  patient  would  be  well 
enough  to  be  sitting  up  on  Tuesday  morning. 

To*Mr.  Hagner — lam  forty-nine  yeaisof 
age:  iu  1847  I  was  25;  the  case  I  spoke  of  was 
not  reported:  those  cases  are.  so  common  that 
they  are  not  reported;  in  oue  case  I  ha  ve  seen 
arsenic  was  supposed  to  have  masked  the 
effects  of  the  autimonial  poison;  I  base  my 
opinions  expressed  here  upon  the  hypotheti¬ 
cal  statement  presented,  taking  the  case  ex¬ 
actly  as  it  is  presented  to  me;  some  of  the 
symptoms  would  correspond  with  a  number 
of  diseases,  hut,  the  post  mortem  lesions  do 
not  carry  them  out:  every  physician  baa  cer¬ 
tain  drugs  which  he  more  generally  uses  in 
h  s  practice;  death  following  a  poisonous  dose 
of  opium  would  depend,  as  to  time,  upon  the 
vital  powers  of  the  patient:  I  have  seen  cases 
of  death  in  eight  hours,  and  again  a  patient 
breathing  at  the  expiration  of  twenrv-four 
hours:  in  one  case  which  I  saw  in  1S52  the 
symptoms  of  tartar  emetic  had  been  masked 
by  one  ounce  of  laudanum;  as  far  as  we  could 
gi  t  at  the  quantity  of  tartar  emetic,  it  was  ten 
grains;  the  ease  was  that,  of  a  female;  I  think 
in  that  ease  the  opium  got  the  better  of  rhe 
tartar  emetir;‘llasori  is  still  considered  an  au¬ 
thority  by  some  ignorant,  members  of  the  pro¬ 
fession:  Parcira  is  a  high  authority;  I  do  not 
think  that  lemonade  would  have  neutralized 
the  effects  of  tartar  emetic. 

To  Mr.  Steele— Medical  science  is  progres¬ 
sive;  we  have  no  security  that  ail  the  theories 
now  iu  vogue  will  not  be  upset,  in  thirty 
vears.  I 

Dr.  P.  C.  Williams  was  now  recalled,  aud 
testified— I  have  exhumed  the  body  of  General 
Ketchnm  since  I  last  testified;  on  last  Satnr-I 
day,  at  8  P.M..  I  received  a  letter  from  thej 
State’s  officers,  requesting  Drs.  Miles  and 
Chew  and  myself  to  go  to  Washington,  ex¬ 
hume  the  body  of  General  Ketchnm,  and 
bring  hack  such  portions  as  we  thought 
proper;  I  reached  Washington  at  about  half¬ 
past  10  P.  M.  Saturday  and  I  then  proceeded 
to  the  office  of  General  Brice,  and  then  to  his 
house,  as  he  was  not  at.  his  office;  I  failed  t< 
obtain  an  entrauce,  and  the  next  morning,  at 
lialf-past  (5  o’clock.  I  met.  Professors  Miles  andi 
Chew  at  the  depot;  we  then  dove  to  the  resi-l 
denceof  Gen.  Brice,  and  obtained  from  him  per¬ 
mission  to  exhume  the  body,  and  bring  away 
such  portions  as  we  thought  proper;  iu  onlei 
to  save  time  we  left  Dr.  Che"  to  look  for  arj 
analytical  chemist,  in  whose  hands  we  could 
place  the  portions  of  the  remains:  Profess, n 
Miles  and  myself  drove  to  the  cemetery,  had 


THE  WEAR TOE -KETCHUM  TRIAL. 


59 


the  gra  ve  opened,  and  obtained  the  liver,  one 
kidney  and  the  spleen  or  pancreas,  and  about 
six  inches  of  the  upper  end  of  the  intestine; 
we  put  the  kidney  in  one  glass  jar  and  the 
other  portions  in  another;  I  washed  the  jar 
myself;  I  put  the  liver  in  the  largerjar  and  the 
kidney  and  the  other  portions  in  the  smaller 
■jar;  we  then  secured  them,  returned  to  Wash¬ 
ington.  and  retained  them  in  our  possession;  I 
identified  General  Ketchum’s  remains  as  fully 
as  I  could  any  individual,  by  his  uniform  and 
the  incisions  we  had  made  in  previous  exami¬ 
nations;  we  met  Dr.  Chew  at  General  Brice’s 
office,  and  ascertained,  for  reasons  of  public 
consideration,  that  we  could  not  obtain  the 
services  of  the  chemist  to  whom  we  had  ap¬ 
plied;  we  were  then  recommended  t-o  Mr. 
Tonry,  of  Baltimore;  we  returned  to  Balti¬ 
more,  and  alter  considerable  difficulty,  suc¬ 
ceeded  in  finding  Mr.  Tonry;  we  communi¬ 
cated  to  him  the  material  we  had  brought 
from  General  Ketelium’s  grave,  &c.,  and  re¬ 
quested  him  to  take  charge  of  this  material, 
to  subject  it  to  a  careful  analysis,  and  report 
the  result  to  the  State’s  officers;  I  had  a  con¬ 
versation  with  Mrs.  Wharton  on  the  night,  of 
the  4th  of  July  in  reference  to  tartar  emetic 
■having  been  found  in  General  Jvel churn’s  re¬ 
mains. 

Mr.  Steele  hero  objected  to  the  conversation 
being  given,  and  Mr.  Revel]  proceeded  to  state 
to  the  Court  that  the  testimony  of  Dr.  Wil¬ 
liams  was  now  in  connection  with  Gen.  Wise’s 
testimony.  When  the,  witness  was  previously 
on  the  stand  the  inquiries  had  been  omitted 
inadvertently. 

Mr.  Stedle  said  he  did  not  understand  that 
it  had  been  omitted  inadvertently. 

The  witness  continued — In  order  to  explain 
fully  that  conversation  it  is  proper  to  revert 
to  the  circumstances;  I  had  been  in  cotnmuni- 
3ation  with  Prof.  Aikin,  and  when  I  had  been 
informed  that  he  had  obtained  definite  results 
[  wrote  a  note  to  Mrs.  Wharton,  asking  her  to 
(call  at  my  house  at  9  o’clock  that  night,  telling 
her  I  would  give  her  my  reason;  I  also  requested 
Dr.  Richard  MeSberry  to  meet  her;  sire  and  Dr. 
VlcSiierry  came  promptly  at  9  o’clock;  I  in¬ 
formed  Mrs.  Wharton  that  I  had  ascertained 
hat  day  that  poison  had  been  found  in  General 
L’s  remains,  in  the  milk  punch,  and  that  Mr. 
i7an  Ness  had  been  poisoned  also;  I  did  not 
lesignate  the  particular  poison;  I  then  told 
her  my  defy  to  communicate  this  fact  toiler 
at. the  earliest  possible  moment,  that  she  and 
ler  daughter  might  protect  themselves 
igainst  a  similar  accident,  for,  to  he 
rank,  I  suspect  one  of  your  servants 
,ohave  administered  the  poison:  Sirs.  Whar- 
, on  then  said  that  I  must  be  mistaken  as  to 
he  fact  of  having  discovered  poison,  for  it, 
vas  impossible  that  he  could  have  died  from 
loison;  I  can’t  give,  however,  her  exact  lan- 
;uage;  I  replied  that  there  could  be  no  doubt 
bout  the  fact,  as  I  had  had  the  contents  of 
[General  K.’s  stomach  analysed  and  also  the 
innch, ami  the  same  poison  was  found  in  botb;I 
kepeatod  that  there  could  be  no  doubt  as  to  the 
lOisou  having  been  found,  and  that  the  only 
uestion  in  doubt  was  who  administered  it; 
hat,  I  said,  will  be  the  subject  of  future  in¬ 
vestigation,  hut  in  the  meantime  I  desire  both 
ou  aud  your  daughter  to  be  ou  your  guard; 


Mrs.  Wharton  then  replied  that  she  was  satis¬ 
fied  that  her  servants  had  had  nothing  to  do 
with  it;  that,  Susan,  had  lived  with  her  five  or 
six  years,  and  she  had  the  most  implicit  confi¬ 
dence  in  her,  and  added,  "I  know  she  could 
not  have  done  it;”  I  replied  that  I  would  be  ex¬ 
ceedingly  glad  that  she  could  show  that  not 
only  Susan  had  not  done  it,  but  that  no  one  else 
in  her  house  had  done  it,  for  it  was  perfectly 
clear  that  some  one  in  that  house  had  admin 
istered  it;  after  some  further  conversation  of 
no  importace  Mrs.  Wharton  and  Dr.  McSherry 
rose  to  leave;I  passed  around  my  library  table 
iu  order  to  be  near  the  door  to  open  it  for  her, 
and  she  said  she  had  only  one  thing  to  say  in 
reference  to  the  subject,  and  that  was  that  if 
anything  was  found  in  General  Ketchum’s 
stomach  it  was  the  result  of  his  own  hand; 
that  remark  was  repeated  three  times  in  very 
close  succession;  after  thanking  me  for  my 
great  kindness  to  her  and  my  very  assiduous 
attention  to  General  Ketchum,  she  left  my 
house;  I  never  at,  any  period  of  General  Ketch¬ 
um’s  sickness  prescribed  brown  stront  for  him. 

Cross-examined  by  Mr.  Steele — When  I  had 
the  conversation  with  Mrs.  Wharton  the 
analysis  had  reached  a  stage  at  which  it  was 
certain  that  some  kind  of  poison  had  been 
f  uind;  that  was  the  first,  time  I  ever  told  Mrs. 
Wharton  that  General  Ketchum  had  died  of 
poison;  I  did  not  mention  this  conversation 
when  previously  ou  the  stand,  because  I  did 
not  think  it  was  my  business  to  give  in  evi¬ 
dence  what  I  was  not  a.sked  about;  I  had  men¬ 
tioned  it  to  the.  counsel  for  both  the  State  and 
the  defence;  the  body  of  General  Ketchum 
was  in  very  good  state  of  preservation;  the 
grave  was  dug  open  in  my  presence;  the  coffin 
was  wooden,  covered  with  black  cloth;  we 
found  The  liver  where  we  had  left  it:  one  jar 
was  fastened  with  a  cork  and  the  other  with 
a  piece  of  very  thick  brown  paper  tied 
over  the  top  of  it:  I  had  no  conversation  with 
Mr.  Knott  before  I  received  the  letter  from 
him  requesting  me  to  go  to  Washington:  I 
I  know,  however,  that  some  gentlemen  had 
seen  him  on  the  subject:  I  asked  Mr.  Tonry 
particularly  to  look  for  tartar  emetic;  I  washed 
the  jars  at  the  gra.ve;  one  had  had  perfumery 
in  it,  and  the  other,  I  think,  had  contained 
preserves;  the  larger  one  was  furnished  by  the 
guardian  of  the  cemetery,  and  the  smaller 
one  we  took  with  us  from  Baltimore:  we  ex¬ 
humed  the  body  on  last  Sunday  morning  and 
carried  the  jars  to  Mr.  Tonry  Sunday  after¬ 
noon;  we  did  not  examine  the  larger  intestines 
or  the  blood  on  either  occasion;  nothing  had 
been  done  to  preserve  the  body:  we  made  no 
additional  examination  of  the  spinal  cord. 

Win.  P.  Tonry  was  now  called,  and  testified 
— I  reside  at  No.  20  Mulberry  street,  and  have 
been  practically  engaged  as  an  analytical 
chemist  since  1868  in  the  laboratory  of  the 
Surgeon  General’s  office  in  Washington;  last 
Sunday  evening,  about  6  o'clock,  I  was  called 
to  my  door,  and  was  told  that  the  gentlemen 
were  Drs.  Williams  and  Chew;  they  told  me 
that  the  two  jars  contained  the  liver  and  kid¬ 
neys  of  General  K.;  I  received  a  package  done 
up  iu  brown  paper,  and  was  told  the  larger 
jar  contained  the  liver,  and  the  smaller 
the  kidneys;  1  was  told  to  examine 
only  for  antimony;  also  that  it  would  be 


60 


THE  WHARTON-KETCHUM  TRIAL. 


necessary  for  rue  to  come  to  Annapolis  Mon¬ 
day  evening;  I  undertook  tlie  analysis;  locked 
up  what  was  given  me  in  a  trunk,  the  key  of 
which  I  kept.;  I  took  the  package  from  the 
trunk  on  Monday,  and  carried  it  to  my  office 
in  Maryland  Institute,  and  by  a  string,  and 
the  use  of  sealing  wax,  secured  it  while  I  had 
to  go  out;  I  asked  mv  friend.  Dr.  Forster,  to 
be  present  with  me;  1  cut  the  string,  went  in; 
found  two  jars;  the  larger  one  had  no  cork, 
but  was  covered  with  brown  paper,  and  was 
wrapped  in  cotton;  the  smaller  one  was  corked, 
and  wrapped  also  in  cotton:  I  took 
out  the  contents  of  the  larger  jar ; 
four  pieces  and  a  very  small  quantity 
of  dirty  fluid;  what  they  were  I  don’t 
pretend  to  say:  the  small  jar  I  found  to  con¬ 
tain,  I  think,  four  pieces;  while  opening  that 
Dr.  Chew  came  in;  I  put  the  contents  of 
the  smaller  jar  back  again,  put  the  cork  in 
and  put  it  aside;  I  also  put  the  contents  of  the 
larger  jar  back  again,  except,  what  adhered  to 
the  plates;  I  then  commenced  preparations 
for  the  analysis;  I  tested  some  new  sul¬ 
phuric  acid  which  I  had  bought,  some  dis¬ 
tilled  water  and,  I  think,  some  other  things; 
meantime. before  commencing.  Drs.  Chew  and 
Forster  left  the  laboratory;  I  then  took  the 
contents  of  the  larger  jar  on  the 
late  on  which  they  had  first  been; 
then  cut  about  half  of  each  piece, 
cutting  it  as  nearly  as  I  could  in  the 
centre;  I  put  half  of  each  piece  back  again 
in  the  jar;  cut  then  each  piece  remain¬ 
ing  on  the  plate  tolerably  fine  with  a  new 
shoemaker’s  knife  which  I  had  bought  lor  the 
purpose;  I  then  put  them  in  a  porcelain  evapor 
ating  dish  which  holds  (here  he  referred  to 
his  pocket  memoranda)  about  sixteen  fluid 
ounces:  the  dish  was  new,  and  had  been 
washed  once,  with  hydrant,  water  and  strong 
concentrated  muriatic  acid,  and  then  with 
distilled  water:  I  then  dried  it:  I  mixed  about 
one  fluid  ounce  of  muriatic  acid  with 
four  fluid  ounces  of  distilled  water: 
of  that  I  poured  two,  perhaps  three  fluid 
ounces  over’  the  cut  tip  mass  which  was 
now  in  the  evaporating  dish;  I  then  put  the 
dish  over  a  water  bath,  and  ns  soon  as  it  com¬ 
menced  to  heat,  added  powdered  chlorate  of 
potash,  and  continued  to  add  small  quantities 
of  the  powdered  chlorate  of  potash,  and  con 
tinned  stirring  for  sometime:  I  think  it  con¬ 
tinued  digesting  about,  two  hours;  it  may 
have  been  more;  I  don’t  think  it  was  less;  1 
then  took  a  glass  tunnel  and  put  a  piece*of  filter 
paper  and  a  piece  of  muslin  inside;  I  then 
poured  out  into  the  filter  all  or  very  nearly 
all  the  liquid  which  was  in  the  evaporating 
dish;  I  then  took  the  solid  part,  tranferred  the 
solid  part  to  a  Wedgewood  ware  mortar:  this  I 
mashed  tip  with  the  pestle. and  then  put  it  back 
in  the  evaporating  dish,  which  I  replaced  on 
the  water  bath;  added  the  balance  of  the  five 
ounces  of  muriatic  solution  which  I  had  made; 
I  poured  that  over  the  stuff’,  adding  again 
small  quantities  of  powdered  chlorate  of 
potash,  and  stirred  as  before;  this  digested 
about  an  hour,  at  least;  I  then  found  by  a  glass 
rod  that  all  the  tissue  was  thoroughly  broken 
up;  I  then  poured  it,  into  the  same  filter  which 
I  bad  used  for  the  first  part,  and  as  soon  as  the 
liquid  had  drained  through  1  washed  the 


mass  which  hail  remained  in  the  filter  in  dis¬ 
tilled  water;  I  washed  it,  of  course,  in  the 
filter:  we  will  noty  take  the  solution; 

I  took  a  glass  evaporating  dish  and  a  porce¬ 
lain  evaporating  dish,  and  put  both  on  the 
same  water  hath,  each  containing  some  of  the 
solution,  the  object  being  to  evaporate  the  so¬ 
lution  to  a  convenient  point  and  concentrate 
any  metals  present;  I  continued  adding  quan¬ 
tities  from  the  filtrate  to  these  dishes;  then, 
while  the  filtrate  was  evaporating  in  the  two 
dishes, I  took  the  residuum  from  thocloth  filter, 
collecting  the  four  upper  corners,  and  squeez¬ 
ing  the,  liquid  from  that  into  what,  I  had  al¬ 
ready  obtained;  I  then  put  the  cloth,  after 
squeezing,  on  a  plate,  spread  it  out, and  spread 
the  mass  over  the  cloth,  so  that  it  would  dry, 
my  object  beingto  keep  it;  I  put  itasideto  dry. 

Mr.  Syester  here  stated  that  the  analysis  hud 
not  been  completed,  and  it  was  necessary  that 
time  should  be  allowed  the  witness  to  com¬ 
plete  the  analysis,  some  portions  being  un¬ 
completed;  it  was  not  proposed  to  stop  the 
cross-examination,  as  a  part  of  the  analysis 
was  complete  enough  now. 

The  Chief  Judge  said  the  Court  would  see 
about,  the  recall  of  the  witness  when  the  time 
came. 

The  Court  here  adjourned  until  10  A.  M. 
to-morrow. 

Professor  Aikiu,  ex-Mayor  George  William 
Brown,  Win.  Sheppard  Bryan,  Esq.,  and^Iaj. 
R.  A.  Venable  were  present  to-day.  On  yes¬ 
terday  Hon.  Win.  Pinkney  Whyte,  Governor 
elect  of  Maryland,  was  present  for  a  short 
lime:  also.  William F. McKewen,  Esq  . Clerk  of 
the  Criminal  Court  of  Baltimore,  and  Jno.  M. 
Travers,  Esq.,  delegate  elect  from  Baltimore 
city. 

Mrs.  Wharton  .appears  more  anxious  and 
sits  almost  motionless.  Her  daughter  appears, 
also  to  he  careworn,  and  has  been  an  eager 
listener  to-day. 


SIXTIEEXTSI  !>A¥. 

Annapolis,  December  21, 1871.  | 

The  introduction  by  the  State  of  testimony 
in  reference  to  the  recent,  exhumation  of  tliej 
body  of  the  late  General  Ketchum,  and  the  sub¬ 
sequent  analysis  of  portions  of  his  remains  by 
Prof.  Tonry,  has  given  increased  interest  to 
Mrs.  Wharton’s  trial.  It.  is  now  anticipated  rhm 
the  trial  will  not  eud  for  at  least  two  weeks. 

Prof.  Tonry  was  recalled  upon  the  opening 
of  the  Court  to-day,  and  testified — Leaving 
theresidunm  to  dry,  we  take  now  the  solution 
which  was  a  good  quantify;  the  solution  was 
placed  in  evaporating  dishes  and  evaporated 
to  about,  three  fluid  ounces:  it,  was  then  filtered 
into  a  clean  glass,  and  the  filtering  paper 
through  which  it  had  been  filtered  was  thcr 
washed  with  distilled  water,  and  the  wosli 
ings  collected  till  the  whole  amount,  readier 
four  fluid  ounces;  now  this  solution  con 
tained  nearly  all  the  extracted  matter  I  go 
from  the  sample  taken;  it  did  not  contain  all 
because  during  the  filtration  1  took  tw« 
small  quantities  out;  the  first  I  took  out  to  pasi 
sulphuretted  hydrogen  through  it.  m.v  ohjeol 
being  to  see  what  precipitate,  if  any,  I  would 


THE  WHARTON-KETCHUM  TRIAL. 


61 


xet  with  sulphuretted  hydrogen;  that  would 
be  a  guide  as  to  the  quantity  of  the  solution 
it  would  be  necessary  for  me  to  take  after¬ 
wards;  the  second  quantity  of  solution  1  took 
me  at  the  instance  of  Dr.  Chew,  who  called 
m  Tuesday  afternoon;  lie  wished  me  to  try  a 
quantity  of  the  solution  with  hydrogen 
to  see  if  any  dark  spot  could  he  ob¬ 
tained  on  porcelain — that  is  autimouiated 
hydrogen;  I  was  told  to  examine  only  for 
mtiinony,  consequently  that  was  the  only 
thiDg  I  intended  to  look  for;  I  would  have 
gotteu  a  combination  of  hydrogen  and  anti¬ 
mony,  if  any  had  been  present,  which  would 
dve  a  spot  on  porcelain;  I  made  some  objection 
to  taking  away  any  part  of  the  solution 
until  I  had  completed  the  filtration,  and  1 
told  him  it  could  be  done  only  very  imper¬ 
fectly  at  that  stage,  yet  as  he  desired  it  I  took 
r  small  quantity  out;  this  test,  which  was  not 
ntended  as  aregulartest,  but  merely  to  satisfy 
Dr.  Chew,  I  did  not  make  with  perfect  care; 
oart  of  the  small  quantity  which  I  had  taken 
;roin  the  filtered  solution  had  to  be  thrown 
away;  on  trying  the  result  ou  porcelain  the 
ipot,  or  apparent  spot,  seemed  to  be  so  insig- 
aiticant  that  I  told  him  it  was  not  worth  while 
alaciug  auy  reliance  on  a  test  made  in  that 
way,  and  that  the  analysis  would  have  to 
rake  its  regular  course:  having  that  filtered 
solution  which  was  clear,  but  not  colorless, 
;ho  solution  which  had  passed  through  four 
liters  (the  witness  here  referred  to  his  mem-  [ 
iranda),  I  now  took  one-fourth  of  a  fluid 
nince  of  it,  the  whole  solution  being  four 
luid  ounces;  that  was  about  oue-six- 
ieenth  of  the  whole  solution;  I 
wanted  to  try  that  by  one  test;  it 
s  a  fact  that  where  arsenic  or  antimony  are 
iresent  their  presence  can  bo  detected  by  the 
ormatiou  of  a  spot  from  arseniuretted  or  anti- 
noniated  hydrogen;  the  test  was  made  as  fol¬ 
lows:  into  anew  flask,  which  had  been  washed 
mt  and  perfectly  clean,  1  put  pure  zinc  with 
ome  distilled  water  over  it;  I  then  put  in 
ulphunc  acid,  which  would  evolve  hydrogen 
roin  tnis  mixture;  this  flask  was  so  arranged 
hat  all  the  hydrogen  which  would  be  evolved 
could  pass  over  into  another  flask  and  through 
listiiled  water  contained  in  it;  that  is  called 
‘washing;”  this  second  flask  I  so  fixed  that  all 
he  hydrogen  that  would  pass  from  it 
could  pass  through  a  tube  containing 
klori.de  of  calcium,  broken  up  in  fine  lumps, 
he  object  being  to  dry  the  hydrogen;  after 
assing  through  this  chloride  of  calcium  tube 
lie  hydrogen  passesthrough  a  small  tube  which 
t  drawn  to  a  fine  point  about  the  size  of  a  small 
in’s  head,  and  which  is  open;  the  apparatus 
eiug  put  together  and  the  sulphuric  acid, 
inc  and  water  being  put  in,  hydrogen  is 
enerated;  the  hydrogen,  which  is  generated, 
assed  into  the  second  flask,  through  the 
hloride  of  calcium  tube,  and  out  through  the 
mall  tube;  after  it  has  continued 
mg  enough  to  fill  the  apparatus  and  get  rid 
f  the  common  air,  so  thatnothing  but  liydro- 
en  would  pass  from  the  delivery  tube,  the 
'  ydrogen  passiugfrom  the  last  tube  is  lighted;  i 
is  necessary  to  let  all  the  air  pass  away  to  | 
prevent  an  explosion;  so  the  test  that  nothing  i 
ut  hydrogen  is  passiug  over  is  that  there  is 
3  explosion;  all  the  apparatus  I  used  was 


new,  except  tl*%  piece  of  rubber  joining  the 
two  vessels  and  the  chloride  of  calcium  tube;’ 
all  were  first  washed  with  strong  muriatic 
acid,  and  then  with  distilled  water, 
so  that  no  impurity  could  have  been 
left;  fixing  the  apparatus  as  I  have  described, 
I  let  it  work  for  about  fifteen  minutes,  taking 
in  the  meantime  the  cover  of  a  porcelain  cru¬ 
cible,  washed  that  also  with  strong  chemi¬ 
cally  pure  muriatic  acid  and  water,  and  after 
about  fifteen  minutes  that  the  flask  had  been 
working,  I  lit  the  gas  at  the  end  of  it;  it  gave 
a  small  flame,  and  after  it  had  burned  for 
some  time  I  put  the  lid  of  the  porcelain  cruci¬ 
ble  in  the  flame  and  let  it  strike  on  the  lid;  I 
did  this  five  or  six  times,  and  got  no 
spot;  that  proved  that  the  zinc,  water 
and  acid  I  had  used  contained  no  arsenic 
or  antimony;  I  then  took  about  one-sixteenth 
oftheoriginal solution  and  poured  thatinto  the 
first  flask,  while  the  hydrogen  gas  was  being 
evolved;  after  trying  tho  porcelain  lid,  I 
moistened  it  and  rubbed  it  with  a  cloth  and 
saw  that  no  trace  of  a  spot  was  left ; 
putting  this  same  cover  in  the  hydrogen  flame 
after  adding  the  solution,  in  a  very  short 
time  I  got  a  decided  stain,  and  1  put  it 
several  times  in  the  flame,  collecting  the 
stain  each  time  on  different  parts  of  the  cover: 
there  are  only  two  bodies  or  substances  that 
are  known  which  will  give  a  spot  under  similar 
circumstances:  I  use  the  word  spot  or  stain  as 
j  equivalent;  the  two  bodies  which  gives  this 
spot  are  arsenic  and  antimony,  consequently 
one  or  the  other  was  present  in  the  solution 
which  I  had  added;  these  spots  I  did  not  touch, 
hut  left  them  on  the  cover  as  received;  I  then 
took  a  small  paper  box,  put  in  the  bottom  a 
piece  of  filtering  paper, put  the  porcelain  lid  on 
with  the  spots  downward,  put  on  the  top  of 
the  box  and  sealed  it  with  my  private  seal; 
that  took  me  until  last  Tuesday;  beyond  this 
point  I  am  not  willing  to  go  until  I  have 
completed  the  analysis;  science  can  de¬ 
termine  whether  the  spots  are  antimonial 
or  arsenical,  but  I  prefer  to  determine  more 
from  the  solution  itself;  the  solution,  from 
which  1  took  one-sixteenth,  contained  what¬ 
ever  was  extracted  from  the  contents  of  the 
larger  jar,  to  which  I  added  muriatic  acid, 
water  and  chlorate  of  potash;  none  of  these 
bodies  or  their  constituents  would  have  given 
these  spots;  when  I  say  that,  I  don’t  mean  to 
say  that  I  have  tried  myself  everything  in  the 
known  world  to  prove  it:  but  it  is  the  usually 
received  fact, and  I  do  not  think  anybody  will 
controvert  it;  when  I  first  tried  the  apparatus 
adding  this  suspected  solution,  and  received 
no  spot,  then  I  added  the  solution  and  re¬ 
ceived  the  spot;  Mr.  Davidson,  one  of  the  pu¬ 
pils  of  the  Maryland  Institute  school,  was 
present  at  that  time;  I  much  preferred  to  have 
it  done  in  the  presence  of  some  one. 

Prof.  Toury  here  exhibited  the  porcelain 
lid,  and  said:  “Here,  gentlemen,  are  the  spots; 
tho  lid  has  not  been  taken  from  the  sealed 
box  I  have  here  since  it  was  closed  in  the 
presence  of  Mr.  Davidson.”  Tho  Professor 
:  then  showed  the  lid  and  the  spots  to 
I  the  respective  counsel,  the  Court,  the 
I  chemical  experts  for  thedefenee,  and  tliejnry, 
by  whom  they  were  carefully  examined.  The 
porcelain  lid  was  about  two  inches  in  diam- 


62 


THE  WHARTON-KETCHUM  TRIAL. 


eter.and  the  snots  were  thirteen  in  number  and 
about  the  size  of  a  pin’s  head. 

While  the  lid  was  beiug  shown,  the  most 
marked  silence  reigned  throughout  the  Court 
room.  Mrs.  Wharton  appeared  calm,  but 
those  around  her  looked  anxious  All  the , 
chemical  aud  medical  experts  for  the  defence  1 
were  present,  aud  have  been  very  attentive 
since  the  introduction  of  the  testimony  of  Dr. 
Williams  and  Professor  Tonry.  His  Excel- 1 
leucy,  Governor  Bowie  aud  Hon.  R.  C.  Holly- 
day,  Secretary  of  State,  were  present  during 
the  examination  of  Professor  Tonry.  After 
exhibiting  the  lid.  Professor  Tonry  carefully 
replaced  it  in  the  small  round  paper  box  from 
which  he  had  taken  it. 

Prof.  Tonry  then  continued — There  are  J 
tests  known  to  science  by  which  the  presence  ' 
of  arsenic  or  autimony  in  these  spots  can  be 
determined,  but  from  experiments  I  made 
while  engaged  as  chemist  at  the  Baltimore  ; 
Copper  Company’s  works  I  prefer  other  tests; 
this  box  has  been  almost  constantly  in  my 
possession,  and  whenever  I  had  to  leave  my 
room  1  sealed  the  door  by  means  of  wax  and  a 
string;  there  is  another  door  to  the  room,  which 
is  bolted  ou  the  inside;  I  have  formed  no  idea 
of  the  quantity  present,  but  I  believe  I  could 
have  gotten  a  dozen  more  spots;  the  test  1 
used  is  generally  considered  a  delicate  test. 

Mr.  Steele — You  mean  to  detect  a  very  small 
quantity  ? 

Prof.  Tonry — Yes,  sir. 

To  the  Court — 1  believe  the  test  is  called 
Marsh’s;  I  know  it  is  so  called  when  applied 
for  arsenic,  aud  I  presume  the  same  for  anti¬ 
mony. 

To  Mr.  Syester— The  contents  of  the  second  j 
jar  I  have  not  touched,  and  I  will  require 
two  days  more,  at  least,  to  finish  my  yet  in¬ 
complete  analysis  of  the  first  portion. 

To  the  Court — If  I  get  a  precipitate  with 
sulphuretted  hydrogen  from  an  acidsolutiou 
of  the  suspected  matter,  and  that  precipitate 
is  soluble  in  strong  muriatic  acid,  and  from 
that  solution  of  m  riatic  acid  a  white  pre¬ 
cipitate  is  thrown  down  by  water,  aud  that 
precipitate  produced  by  tbe  water  is  colored 
orange  by  sulphide  of  ammonium,  I  would 
cousider  that  unmistakable  proof  of  the 
presence  of  antimony  without  the  formation 
of  the  metal;  if  the  quantity  will  allow  me, 
I  will  try  those  tests,  and  try  to  get  the  an¬ 
timony  also,  hut  it  will  depend  upon  the 
quantity  I  obtain. 

Mr.  Syester  here  stated  that  this  was  as 
far  as  the  State  could  go  at  present,  with  this 
witness,  and  that  he  would  ask  that  the.  St  te 
be  allowed  to  recall  him,  if  his  analysis  was 
completed  in  a  reasonable  time. 

Mr  Steele  said  it  was  an  “unpreceden"  d 
application,”  and  he.  knew  of  no  parallel  o 
such  an  offer.  It,  was  avowed  that  the  anal  - 
sis  was  incomplete,  and  no  one  ever  heard  f 
such  a  proposition  in  a  court  of  justice  as  w  is 
here  made.  The  indictment  was  found  five 
months  ago.  and  three  weeks  had  been  occu¬ 
pied  in  tbe  trial,  and  it  was  now  claimed  by 
the  State,  ofiicers  that  they  should  bo  allowed 
more  time  in  which  to  collect  additional  evi¬ 
dence. 

Mr  Revel  1  said  the  counsel  for  the  defence 
were  hero  to  secure  even-handed  justice  be¬ 


tween  the  State  of  Maryland  and  the  pris¬ 
oner  at  the  bar.  After  seeing  the  array  of 
medical  aud  chemical  witnesses  for  the  de¬ 
fence,  the  State’s  officers  had  determined  to 
give  the  fullest  examination  into  the  case  and 
to  make  a  further  analysis  of  the  remains  of 
General  Ketchnm.  The  State’s  officers  had 
felt  hound  to  do  what  they  had  done,  and  he 
knew  of  nopreetdent  for  stopping  the  inves¬ 
tigation  at  this  stage.'  The  State  conld  not 
say  what  would  be  the  result  of  the  analysis 
to  be  completed,  and  all  that  the  State’s  offi¬ 
cers  asked,  in  the  name  of  justice  to  the  State 
of  Maryland,  and  to  the  prisoner,  was  that 
the  fullest  investigation  l>e  had. 

Mr.  Syester  said  the  defence  had  arrayed 
three  eminent  experts,  whose  business  it  had 
been  to  sit  and  take  notes  for  the  avowed  pur¬ 
pose  of  overthrowing  the  State’s  testimony, 
by  giving  their  opinions  and  not  by  making 
experiments.  He  could  not  see  that  public 
justice,  or  the  accused,  would  suffer  by  a  com¬ 
plete  analysis.  He  did  not  understand  this  to 
be.  a  trial  of  wits,  and  it  was  of  interest  to  all 
the  people  of  Maryland  to  know  how  lives 
may  be  taken  in  secret.  The  analysis  might 
result  favorably  to  ber  wbo  sat  now  with  the 
paleness  of  death  upon  her  face  and  the 
anguish  of  death  at  her  heart,  and  if  so,  he 
would  join  heartily  with  his  brothers  in  giv- 
her  its  full  benefit. 

Mr.  Steele  said  the  offer  was  unprece¬ 
dented,  and  that  the  prosecutors,  in 
their  zeal,  had  tone  too  far.  He  thought 
the  zeal  of  the  Attorney  General  had 
led  him  further  than  his  own  better  judgment 
would  approve.  The  prosecution  had  no  right 
to  know  what  the  defence  proposed  to  show 
by  exDerts,  or  that  they  would  be  called  at 
all.  As  lie  understood  the  principles  of  law 
even  in  civil  suits,  no  man  could  he  hem fitei 
by  his  own  wrong.  Would  the  learner 
prosecution  for  a  moment  consent  that  the  de 
fence  should  delay  the  Court  aud  send  foi 
witnesses?  He  was  cjrtain  they  would  not 
The  Courts  lay  it  down  that  the  State  nuts 
exhaust  their  testimony,  and  could  be  allowei 
only  to  rebut.  Tbe  object  was  to  give  tin 
witness  time  to  refer  to  books  aud  make  ex 
perimeut.s,  and  come  back  here  to  give  testi 
mouy  after  tbe  defence  bad  closed  their  case 
It  was  his  right  and  duty  to  speak  plainly  auc 
to  repel  the  remark  of  the  prosecution  tha 
they  felt  sympathy  for  his  client.  The  quest  ioi 
was  one  of  great  importance,  and  it  could  no 
be  told  when  or  where  such  examination! 
would  end;  if  such  a  rule  was  adopted  it  woun 
be  to  change  an  English  common  law  coutj 
into  one  of  the  inquisitorial  courts  of  Cout: 
nental  Europe.  .  . 

The  Court  was  occupied  some  time  in  da 
liberating  with  deep  earnestness,  and  th 
i  Chief  Judge  announced  the  opinion  and  dec 
J  siou  of  the  Court  substantially  as  follows:  A 
the  Court  understands  the  case,  the  wi 
ness  has  been  examined  up  to  a  to 
1  tain  point,  and  he  is  now  making  an  analys 
|  of  portions  of  General  K.’s  remains,  which  li 
I  can  complete  in  two  days.  The  question  bj 
fore  the  Court  is  whether  or  not  the  scientin 
I  investigation  shall  go  ou.  The  case  is  al 
j  extraordinary  one.  a  jd  the  indictment  chargq 
I  a  most  heinous  crime.  A  chemist  who  hr 


THE  WHA R TON- KETCH UM  TRIAL. 


63 


analysed  a  portion  of  the  body  of  Gen¬ 
eral  K.  had  been  examined,  and  an¬ 
other  analysis  has  been  diligently  pur¬ 
sued  since  the  second  exhumation  of  General 
K.’s  body.  The  witness  had  sworn  that  he 
has  discovered  the  presence  of  poison,  and 
that  a  delay  of  a  day  or  two  will  enable 
him  to  determine  fully  whether  it  is  anti¬ 
mony  or  arsenic.  The  Court  considers  it  to  be 
its  duty  to  allow  that  time.  The  State  may 
go  on,  and,  if  necessary,  the  Court  will  take 
an  adjournment  to  let  the  witness  come  back 
and  testd'y  to  what  he  discovers.  If  a 
similar  case  was  presented  by  the  defence  the 
Court  would  allow  them  time  to  make  experi¬ 
ments.  If,  in  a  civil  suit,  it  was  necessary  for 
a  witness  to  send  for  a  paper  to  establish  his 
title  to  property,  the  Court  thinks  it,  would  ■ 
be  monstrous  not  to  allow  him  reasonable  time  j 
in  which  to  obtain  it.  The  Court  then  gave  j 
the  State’s  officers  notice  that  if  they  did  not 
recall  the  witness  for  further  examination 
they  must  have  him  in  Court  for  cross- 
examination  by  the  defence.  Mr.  Syester 
said  he  would  be  present. 

Dr.  Benjamin  F. Craig  now  testified — I  reside  j 
in  Washington,  and  am  an  analytical  chemist 
by  occupation;  I  have  been  fifteen  years  so 
engaged;previonsly  I  was  a  practitioner  of  med 
icine  for  live  years,  and  was  also  a  professor  of 
chemistry  for  three  years;  I  have  resided 
nearly  twenty  years  in  Washington, 
and  1  am  now  in  charge  of  the  labora¬ 
tory  of  the  Surgeon  General’s  office,  I 
and  employed  to  make  investigations 
and  to  attend  to  other  duties  of  a  scientific 
character.  The  witness  was  here  shown  the 
report  of  Professor  Aikin  to  Mr.  Knott,  and 
was  occupied  some  time  in  carefully  perusing 
t.  He  theu  continued — The  tests  used  by  Pro 
jt’essor  Aikiu  were  the  usual  tests  to  discover 
;lie  presence  of  antimony,  and  were  in  my  . 
ipiuion  sufficient;  the  obtaining  of  the  red  j 
color  with  sulphuretted  hydrogen,  under  the 
iircu instances,  and  the  obtaining  of  a  white  i 
rrecipitate  by  the  action  of  water  on  the  acid 
iolutiou  of  that  red  precipitate,  are  sufficient  | 
,o  make,  the  presence  of  antimony  certai  n;  all 
ether  substances  known  to  science,  except  au- 
imony,  would  have  given  a  different  color; 
.here  is  no  substance  known  to  science  which 
vould,  under  the  tests  here  described,  have 
;iven  the  result  here  described. 

Mr.  Steele  said  the  defence  had  no  questions 
o  ask  the  witness,  and  he  was  accordingly  at 
his  point  allowed  to  leave  the  stand. 

'  Mr.  Reyell  stated  to  the  Court  now  that  the 
l  Itate  had  three  more  witnesses  to  examine,  [ 
ml  he  was  informed  That  they  would  reach 
mnapolis  by  the  half-past  1  o’clock  train,  and 
i  e  would,  therefore,  ask  the  Court  to  wait  for 
hem. 

The  Chief  Judge  said  that  as  it  was  already 
fter  1  o’clock  the  Court  would  grant  the 
jequest. 

After  a  delay  of  twenty  or  thirty 
liuutes  Professor  Richard  McSherry  came 
ato  court,  and,  being  sworn,  testified 
s  follows:  I  reside  in  Baltimore,  and 
ave  practiced  medicine  there  about  twenty 
ears:  I  never  prescribed  tartar  emetic  for 
lrs.  Wharton;  I  was  for  six  or  seven  years 
er  family  physician;  I  was  present  with  Mrs. 


Wharton  at  Dr.  Williams’  office  on  the  4th  of 
last  July;  Dr.  Williams  was  under  the  impres¬ 
sion  that,  some  domestic  of  Mrs-  Wharton  had 
been  using  poison  in  her  house:  his  idea  was, 
I  think,  to  try  to  inform  Mrs  Wharton  that 
there  was  clanger  in  her  house,  and  that  one 
of  her  domestics  was  using  poison;  he 
wished  Mrs.  Wharton  to  beware  of  the 
supposed  facts,  alleging  that  parties 
in  her  house  had  been  given  poison:  be  sug¬ 
gested  one  of  her  servants,  and  Mrs.  Wharton 
said  she  had  perfect  confidence  in  that  ser 
rant  and  no  apprehension  in  that  quarter;  I 
don’t  remember  anything  else  material  that 
occurred  except  that  Dr.  Williams  designed 
to  put  her  on  her  guard;  I  don’t  remember 
that  it  was  stated  how  the  poison  had  been 
found;  I  don’t  remember  that  any  explanation 
was  offered  as  to  the  finding  of  the  poison;  I 
have  a  vague  recollection  of  Mrs.  Wharton’s 
saying  that  the  probability  was  that  General 
K.  had  taken  himself  some  injurious  agent; 
there  was  notking  definite  or  conclusive  in 
that  conversation  which  I  can  now  remember; 
I  remember  as  one  of  the  incidents  of  the  in¬ 
terview  that  an  empty  vial  wms  produced  by 
Dr.  Williams,  and  some  suggestion  made  as  to 
the  probability  of  General  K.’s  having  taking 
opium  or  laudanum;  I  can’t  remember  who 
made  the  suggestion,  but  I  remember  that 
tlMre  was  some  conversation  about  it;  I  re¬ 
member  hearing  Mrs.  Wharton  say  that  Gen¬ 
eral  K.  was  in  the  habit,  of  drugging  himself, 
but  as  I  bad  various  interviews  with  her,  I  am 
not  prepared  To  say  she  said  soon  that  night. 

To  Mr.  Steele— I  wasnot  in  Baltimore  at,  the 
time  of  General  K.’s  sickness  at  Mrs.  Whar¬ 
ton’s  residence. 

Mr.  Revell  now  stated  that  Dr  William  T. 
Howard.  George  M.  Gill.  Henry  E.  Johnson 
and  Professor  P.  B.  Wilson  were  the  remain¬ 
ing  witnesses,  except  Prof.  Tonry,  on  the  part 
of  the  State,  but  none  of  them  were  now  pres 
ent. 

The  Court  theu  adjourned  until  10  A.  M.  to¬ 
morrow. 


SEVENTEENTH  DAT. 

Annapolis,  December  22, 1S71. 

The  seventeenth  day  of  the  great  Wharton- 
Ketchum  trial  opened  gloomily,  a  heavy  snow 
storm  prevailing  at  the  hour  the  Court  was 
called  to1  order,  and  the  surroundings  of  the 
Court  House  were  in  keeping  with  tfie  dreari¬ 
ness  within.  But  few  spectators  were  present 
and  most  of  them  gathered  near  a  stove  in  a 
corner  of  the  room. 

The  jury  was  marched  in  at  the  usual  hour, 
and  looked  weatherbeaten,  restless  and  dis¬ 
satisfied.  Mrs.  Wharton’s  carriage  was 
promptly  in  front  of 'the  Court,  House,  and 
she  was  accompanied  to-day,  upon  her  ar¬ 
rival,  only  by  her  daughter.  She  entered  the 
court-room  leaning  on  the  arm  of  Sheriff 
Chairs,  her  arrival  attracting  but  little  atten¬ 
tion,  as  she  is  constantly  veiled,  and  the  at¬ 
tendants  upon  the  trial  have  become  accus¬ 
tomed  to  her  presence. 

In  a  few  minutes  Mrs.  Wharton  and  her 
daughter  were  joined  by  Mrs.  Nugent,  Mrs. 


64 


THE  WHARTON-KETCHUH  TRIAL. 


Neilson,  Mi 88  Rosa  Neilson,  Mr.  H.  Moon 
Wharton,  of  Philadelphia,  and  Hermann 
Stump,  Esq  ,  of  Harford  county.  Mrs. 
Wharton  for  the  first  time  since  the  commence¬ 
ment  of  her  trial  betrayed  to-day  considerable 
agitation.  Her  manner  is  not  now  so  calm  as 
was  strikingly  observable  for  the  first  two 
weeks  following  her  arraignment,  and  she 
converses  more  frequently  with  her  counsel 
and  the  friends  around  her.  The  heavy  veil 
which  drapes  her  countenance  effectually  pre¬ 
vents  a  close  observation  of  her  expression  [ 
even  by  those  who  sit  near  her,  and  her  seat  j 
is  at  such  a  distance  from  the  jury  that  they 
cannot  more  than  distinguish  the  outlim-  of 
her  most  prominent,  features.  Her  faithful 
daughter  is  ever  at  her  side,  and  seems  to  ap¬ 
preciate  fully  the  position  her  mother  occu¬ 
pies,  and  the  troubles  which  surround  her. 
The  feelings  of  this  entire  community 
towards  Miss  Wharton  are  those  of 
earnest  sympathy  with  her  in  the 

afflictions  and  the  present  great  sorrow 
which  have  clouded  so  sadly  the  morning 
of  her  life.  No  accusing  word  can  be  whis¬ 
pered  agaiDsf  her.  and  whatever  disposition 
there  may  bo  with  some  to  prejudge  her 
mother,  finds  a  proper  rebuke  in  the  love 
and  devotion  of  an  only  child.  Her  con¬ 
duct  from  the  hour  she  heard  the  first  word  of 
accusation  against  her  mother  has  been  such 
as  to  challenge  the  admiration  of  the  most 
fault-finding,  and  to  commend  her  to  the 
heartiest  sym paths. 

Those  who  Ijnewqier  in  happier  days  remark 
the  change  which  has  passed  so  swiftly  over 
her,  and  look  in  vain  now  for  the  charming 
vivacity  of  manner  and  conversation  which 
made  her  a  universal  favorite.  Her  features 
show  that  the  past  six  months  have  been  to 
her  full  of  anxiety  and  care,  and  though  she 
bears  herself  with  remarkable  fortitude,  yet  , 
it  is  evidently  a  hard  aDd  breaking  struggle. 

Upon  the  opening  of  the  Court  to-day  Mr.  | 
Revell  stated  that,  contrary  to  his  expecta-  j 
tions,  no  witnesses  for  the  State  were  present. 
He  had  learned  by  telegraph  from  Deputy 
Sheriff  Grafflin,  of  Baltimore,  that  Dr.  How¬ 
ard  was  still  too  sick  to  attend,  aud  that  Mr. 
E  Livezy,  of  Baltimore,  was  absent  from  that 
city.  ,  ,  . 

The  Deputy  Sheriff  had  informed  him  also 
that  he  had  used  every  exertion  to  secure 
the  attendance  ot  the  remaiuig  witnesses  for 
the.  State,  and  had  in  his  zeal  roused  Prof. 
Wilson  from  his  bed  at  1  o’clock  this  morn¬ 
ing,  and  that  Professor  Wilson,  Henry  John¬ 
ston,  Esq.,  and  Geo.  M.  Gill.  Esq.,  would  leave 
Baltin  ora  with  him  at  10  o’clock.  Mr.  Revell 
t  urtler  sr.ated  that  he  could  not  now  ask  the 
Court  io  delav  more  than  a  reasonable  time 
for  the  arrival  of  the  State’s  witnesses. 

The  Chief  Judge  inquired  if  the  State’s  offi¬ 
cers  proposed  to  close  tlieir  case  at  this  point, 
with  the  exception  of  the  privilege  granted 
on  yesterday  of  recalling  Prof.  Tonry. 

Sir.  K  veil  said  the  State’s  officers  could  not, 
under  t  he  circumstances,  ask  a  further  delay, 
but  t  hat  lie  felt  certain  that  the  witnesses 
spoken  of  would  arrive  by  the  next  train. 

In  answer  to  the  inquiry  of  the  Chief 
Judge, Mr.  Steele  stated  that  the  defence  would 
not  go  on  with  the  examination  of  their  wit¬ 


nesses  until  the  examination  of  Prof.  Tonry 
was  concluded. 

Mr.  Steele  then  said  that  he  would  propose  to 
the  State’s  officers  to  call  the  two  servants  of 
Mrs.  Wharton,  Susan  Jacobs  and  Ellen  Ded- 
driek.  who  had  been  summoned  by  them  and 
had  been  present  from  t lie  beginning  of  the 
trial.  He  did  not  ask  that  they  be  accredited 
as  State’s  witnesses,  but  he,  thought  it  was 
only  just  that  the  State  should  call  them  and 
not  compel  the  defence  to  call  them. 

Mr.  Revell  said  he  was  unwilling  to  call 
them,  nut  be  was  willing  that  they  should 
testify  it  accredited  to  neither  side. 

The  Attorney  General  said  he  would  con¬ 
sent  that,  the  witnesses  spoken  of  should  lie 
called  by  the  Court,  but  the  State  did  not 
think  proper  to  accredit  them  to  the  jury  as 
its  witnesses. 

The  Attorney  General  then  added:  “At  the 
sa,.  e  rime  the  State  will,  in  this  case,  consent 
that  if  the  defence  see  proper  to  call  the  two 
witnesses  named,  it  may  not  be  so  far  bound 
by  their  answers  as  to  lie  concluded.  We  do 
this  because  they  are,  in  some  respects,  wit¬ 
nesses  to  the  transaction,  and  there  is,  in 
cases  like  this,  some  propriety  in  calling  all 
witnesses  to  the  transaction.  It  is,  however, 
for  the  defence  to  assume  the  responsibility 
of  the  position  in  which  it  will  place  the  wit¬ 
nesses  themselves,  they  being,  under  such  cir¬ 
cumstances,  wholly  without  protection.” 

The  Court  then  stated  that  it  would  not 
wait  further  upou  the  State,  itnd  ordered  the 
State’s  officers  to  close  their  case,  with  the  ex¬ 
ception  of  the  examination  of  Prof.  Tonry. 

Some  desultory  discussion  next  ensued  be¬ 
tween  counsel  in  reference  to  the  calling  of 
the  two  negro  witnesses  who  have  sat 
patiently  in  a  corner  of  the  Court  room  since 
the  first  day  of  the  trial,  and  the  subject  was 
finally  dismissed  before  the  Court,  with  the 
understanding  that,  an  arrangement  of  the 
matter  would  be  made  by  counsel  before  the 
conclusion  of  Professor  Tonry’s  examination. 

The-  Chief  judge  then  ordered  that  the 
Court,  stand  adjourned  until  half-past  1 
o’clock  on  Tuesday  next.  At  this  announce¬ 
ment  the  jury  seemed  much  disconcerted,  and, 
one  of  them  was  overheard  by  the  correspnn-l 
dent  of  the  Gazette  to  express  his  decided  disn 
approbation  in  language  more  energetic  than 
elegant.  It  is  evident  that  the  jury  are  very 
restive  aud  have  become  greatly  dissatisfied 
since  finding  themselves  hound  to  the  State) 
for  a  much  louger  time  than  any  of  them, 
anticipated. 

Some  of  them  took  their  seats  with  evident) 
satisfaction,  doubtless  anticipating  a  trial  on 
not  more  than  three  weeks,  with  much  oil 
dramatic  interest.  In  both  they  have  been, 
thus  far,  much  disappointed,  anti  the  tedinuir 
of  the  trial  has,  doubtless,  proven  as  tiresome) 
to  them  an  to  the  prisoner.  They  are  keptl 
under  the  strictest,  guard,  atm,  apart  frtuji 
comfortable  quarters  and  good  fare,  at,  the 
City  Hotel,  there  is  nothing  to  make  t-hoii 
situation  pleasant.  They  are  not  allowed  te 
read  the  papers,  or  to  receive  any  communica¬ 
tions,  even  from  their  families. 

The  Sheriff  and  his  deputies  are  alone  allowed 
to  address  them  a.  word,  and  they  are  forbid¬ 
den  also  Christmas  luxuries, from  their  homes] 


THE  WHARTON-KETCHUM  TRIAL. 


65 


[n  a  case  of  so  much  importance,  it  is  of 
course  only  proper  tbattliejury  should  he  kept 
iibove  suspicion.  Dr.  Davidson  and  Mr. 
Seilman  seem  to  take  their  con¬ 
finement  and  restraint  with  commendable 
resignation  and  generally  appear  in  good 
spirits  andlready  to  make  a  joking  remark  to 
their  discontented  companions.  The  Chief 
Judge  each  day  charges  the  Sheriff  nor,  to  take 
the  jury  from  the  court  room  until  the  audi¬ 
ence  has  retired,  and  to-day  earnestly  re¬ 
peated  the  order,  adding  the  injunction’ that 
the  jury  was  to  be  cared  for  properly  during 
the  approaching  holiday,  hut  that  they  were 
not  to  be  allowed  to  make  themselves  sick. 

Soon  after  the  adjournment  of  the  court 
Mrs.  Wharton  and  her  daughter  returned 
ander  the  escort  of  Sheriff  Chairs  to  their 
prison  homo.  Mrs.  Neilson,  Mrs.  Nugent  and 
Miss  Rosa  Neilson  will  remain  with  them 
luring  the  adjournment,  ana  Mrs.  Wharton’s 
:'riends  in  Annapolis  will  doubtless  remember 
'ho  loneliness  and  unhappiness  of  her  cheer¬ 
less  quarters. 

Professor  Wilson  and  Messrs.  Johnston,  Gill 
i.nd  Livezy  arrived  by  the  half-past  1  o’clock 
r, rain,  but  found  that  the  order  of  the  Court 
lad  rendered  their  attendance  unnecessary. 
It  is  understood  that  their  testimony  wouhl 
lave  proved  of  no  material  importance. 

Dr.  P.  C.  Williams  was  the  only  medical 
gentleman  present  in  the  court  room  to-day, 
ill  the  medical  and  cliemical  witnesses  for  the 
Hate  and  defence,  with  the  exception  of  Prof. 
JcCullough,  having  left  Annapolis  for  their 
lomes. 

The  experts  confess  that  they  have  grown 
vearied  with  the  trial,  hut  they  will  no  doubt 
>e  present  at  the  proper  time. 

On  Tuesday  the  State  will  recall  Professor 
kmry,  and  the  defence  will  doubtless  subject 
im  to  a  rigid  cross-examination. 


EKSK'S'EEUWM  0A¥. 

Anxapolis,  December  3d,  1871. 
The  attendance  to-day  upon  the  great 
Yharton-Ketchuin  trial  was  as  large  as  on 
le  opening  day,  many  doubtless  availing 
lemselves  of  the  leisure  of  a  Christmas 
olid  ay. 

i  The  Court  was  called  to  order  promptly  at 
Jjalf-past  1  o’clock  to-day,  pursuant  to  ad- 
nirnment,  a  full  bench  being’ present. 

Prof.  Wm.  P.  Tonry,  at  the  request  of  the 
fate’s  Attorney,  resumed  the  witness  stand, 
hd  testified  as  follows — Taking  the  dark 
lots  on  porcelain,  my  object  was  to  determine 
liether  they  were  arsenic  or  antimony;  I  have 
Terence  now  to  the  lid  I  exhibited; 
king  one  of  the  larger  spots,  and  perhaps 
vo  of  them,  I  tried  their  solubility  in  sul- 
nde  of  ammonium,  and  the  greater  part  of 
tie  spots  dissolved  readily;  the  ready  solnbil- 
Jy  of  the  larger  portion  wouhl  denote,  so  far, 
itimouy,  hut  the  more  difficult  solubility  of 
e  remaining  speck  or  part  of  the  st>ot  would 
.mote  arsenic;  applying  a  very  slight  heat  the 
lution  was  evaporated  !o  dryness,  giving  on 
e  outer  edge  of  the  evaporated  spot  the 
unistakable  color  of  antimony;  the  centre 


of  the  spot  was  of  alight  yellow  color,  part 
of  it  inclining  to  white;  this  would  indicate 
sulphur,  which  was  very  probably  evaporated 
dry  from  the  sulphide'  of  ammonium  or 
arsenic,  one  or  both:  adding  now  to  this  spot 
a  drop  or  two  of  strong  muriatic  acid,  and 
then  perhaps  a  drop  or  two  of  distilled  water, 
I  took  an  apparatus  evolving  sulphuretted 
hydrogen,  and  squeezed  the  delivery  tube  so  as 
to  let  the  stream  of  sulphuretted  hydrogen 
impinge  on  the  spot  or  the  solution  of  the  spot; 
doing  this  till  the  solution  of  the  snot 
was  d ry,the  centre  and  greater  part  of  the  then 
resulting  solid,  gave  the  antimony  color;  now 
viewing  the  spot  with  the  microscope,  I  found 
around  the  edges  of  the  spot  the  canary  yel¬ 
low  color  of  arsenic  in  exceedingly  small 
quantities,  too  small  to  he  readily  detected  by 
the  naked  eye;  thus  the  spot  is  composed  prin¬ 
cipally  of  antimony,  with  a  very  probable 
trace  of  arsenic;  some  of  the  spots  I  retained 
ou  the  cover;  that  result  satisfied  me  as 
to  the  nature  of  the  deposit;  with  one 
or  two  other  of  the  spots  I  tried 
nitric  acid  to  see  if  I  wouhl  get  the  white 
oxide  of  antimony,  but  as  I  got  no  satisfac¬ 
tory  result,  I  did  not  try  any  farther  experi¬ 
ments  on  the  spots;  the  cover  and  spot  as  I 
obtained  it  I  retained.  Mr.  Steele— -“You  mean 
the  original  porcelain  cover?”  Yes, sir, replied 
Prof.  Tonry.  He  then  continued— I  then  took 
another  part  of  the  solntiou.  To  Mr.  Steele— 
“My  notes  were  taken  almost  always  while 
the  experiment  was  going  on;  I  have 
no  objection  to  your  seeing  them.”  Prof. 
Tonry  continued— I  took  part  of  the 
solution  to  see  if  I  could  obtain  metallic 
anti  in  ony ;  preci  pi  tati  n  g  first  wi  th  sulphur  etted 
hydrogen  I  got  a  precipitate  of  sulphide; 
washing  this  in  distilled  water,  I  transferred 
it  with  the  filter  to  a  porcelain  evaporating 
dish;  I  got  the  precipitate  and  washed  it,  and 
1  wanted  to  see  if  it  was  soluble  in  potash;  so 
I  added  a  strong  solution  of  potash  and  filtered 
in  an  evaporating  dish  what  was 
dissolved;  the  precipitate  of  antimony 
by  sulphuretted  hydrogen  would  he  soluble 
in  potash;  applying  heat  to  this,  I  added  tar¬ 
taric  acid;  that  would  give  tartrate  of  anti¬ 
mony  and  potash,  or  leave  the  antimony  in 
about  the  condition  of  tartar  emetic;  dissolv¬ 
ing  this,  and  precipitating  again  with  sul¬ 
phuretted  hjdrogen,  I  took  this  precipitate, 
mixed  with  carbonate  of  soda  and  cyonide  of 
potassium,  put  it  on  a  piece  of  clean  charcoal, 
that  is  to  say,  charcoal  which  had  not  been 
used '  before  in  a.  blow-pipe;  by  using 
the  blow-pipe  arid  a  spirit  lamp,  1 
fused  the  mass;  by  the.  naked  eye  1  could 
detect  no  metallic  spots,  but  putting  it  under 
the  microscope  three  or  four  spots  appeared 
which  looked  as  if  they  might  be  metal;  the  re¬ 
flection  of  light  on  some  parts  of  the  charcoal 
and  on  some  parts  of  t  he  flux  used  would, 
under  the  microscope,  give  a  bright  appear¬ 
ance;  but  these  Spots  seemed  different  from 
either  of  these  two  causes;  I  put  that  test 
aside  as  of  no  particular  value,  on  account  of 
the  exceedingly  minute  results,  if  any,  ob¬ 
tained;  I  now  took  a  very  small  portion  of 
metallic  antimony,  tried  it  with  the 
same  flusx  and,  readily  obtained  a 
metallic  bead;  taking  now  a  very  small  quan- 


66 


THE  WHARTON-KETCHUM  TRIAL. 


tity  of  tartar  emetic,  which  I  had  bought,  I 
wished  to  S'.e  if  that  would, with  the  same  flux, 
give  a  bead;  I  tried  it  with  the  same  flux  and 
obtained  the  metal;  taking  now  a  quantity  of 
sulphide  of  antimony,  prepared  from  tartar 
emetic  bought  at  a  drug  store,  and  iu  quan¬ 
tity  about  the  same,  or  perhaps  a  little  more 
than  the  precipitate  obtained  from  the  sus¬ 
pected  solution  which  I  had  tried,  I  did 
not  obtain  a  visible  globule  of  metal 
from  that;  that  led  me  to  infer  that  the  quan¬ 
tity  of  material  I  had  taken  for  this  experi¬ 
ment.  was  too  small  to  operate  upon  for  the 
production  of  metallic  antimony;  now  taking 
another  part  of  the  original  solution.  I  treated 
it  with  chlorate  of  potash,  to  see  if  I  could 
get  rid  of  the  color  of  the  solution,  and  I  ob¬ 
tained  a  rather  light-colored  solution,  much 
lighter  than  the  solution  was  originally:  I  pre 
cipitated  this  with  washed  sulphuretted  hy¬ 
drogen,  lettiug  the  gas  pass  siowly  through  for 
an  hour  or  more,  and  letting  the  precipitate 
stand  from  Wednesday  evening  until  Friday 
morning;  I  then  decanted  ofl  the  greater  part 
of  the  liquid,  which  was  over  the  precipitate; 

I  washed  it  with  distilled  water  and  dissolved 
it  iu  strong  muriatic  acid;  I  mean  I  washed 
the  precipitate  always;  I  then  transferred  it  to 
a  porcelain  evaporating  dish  and  evaporated 
it  to  dryness;  part  of  the  precipitate,  or  rather 
part  of  the  evaporated  solution,  contained  either- 
organic  matter  or  some  coloring  principle — it 
was  a  deposit,  anyhow;  it  appeared  to  be  other 
than  a  salt:  dissolving  all  this  evaporated 
residue  with  strong  muriatic  acid,  and  diluting 
with  water,  and  passing  sulphuretted  hydro¬ 
gen  through  it,  I  obtained  a  precipitate  of 
sulphide  of  antimony,  or  what  appeared  to  he 
so  from  the  color;  it  was  not  the  bright,  color 
of  tartar  emetic  which  you  would  get 
from  the  pure  salt,  hut  it  seemed  to  be 
modified  by  some  coloring  principle  which  1 
could  not  get  rid  of;  the  color  was  mod¬ 
ified  only  slightly,  and  not  enough 
to  cause  any  doubt  in  inv  mind  that  it  was 
antimony  which  had  given  the  precipitate; 
all  the  colors  produced  by  sulphuretted  hydro¬ 
gen  from  metals  are  modified  by  circum¬ 
stances,  and  the  color  obtained  in  this 
precipitate  was  more  like  what  I  would  ob¬ 
tain  from  pure  tartar  egietic  than  any  I  had 
obtained  solar;  this  precipitate  was  shown  to 
Prof.  Wilson,  who  did  not  hesitate — (Here  Mr. 
Steele  quickly  interrupted,  and  Mr.  Revell 
told  the  witness  that  the  statements  of 
another  were  inadmissible.)  He  continued  — 
After  pouring  oft'  the  liquid  from-  this 
precipitate  and  drying  it;  I  weighed  it  in  a 
glass  beaker,  deducting  the  weight  of  the 
beaker  glass  from  the  weight  obtained  by 
the  beaker  with  the  precipitate  ill  it;  the 
weight  of  the  precipitate,  from  the  quantity 
taken,  was  25  lOOthsof  a  milligramme;the  quan¬ 
tity  of  the  solution  I  had  taken  was  about 
1-I6th  of  the  whole;  that  would  give  four  milli¬ 
grammes  of  the  sulpliideof  antimony,  which 
would  have  been  the  quantity  I  would 
have  obtained  from  the  whole  solution; 
that  would  have  been  about  t>-10fhs  of  a 
grain;  this  (5-lOtlis  would  have  been  of  the  sul¬ 
phide  of  antimony,  which  would  have  been 
equal  to  3.  perhaps,  4-lOths  of  a  grain  of  me¬ 
tallic  antimony;  as  I  took  a  little  more  than 


half  of  the  contents  of  the  larger  jarflf  whatre- 
!  mains  in  the  jar  contained  the  same  quantity, 
the  total  amount  of  antimony  would  have 
]  been  in  round  numbers  from  one-half  to  three- 
quarters  of  a  grain;  any  coloring  matter  re- 
j  teaming  in  the  solution  in  which  the  pre¬ 
cipitate  was  formed  might  he  expected  to  in¬ 
crease  the  weight  slightly;  it  might  or  might 
not  increase  it;  taking  everything  into  con¬ 
sideration,  I  may  he  safe  to  say  that  about 
one-half  of  a  grain  of  metallic  antimony 
may  he  considered  present;  I  say  may  be  con¬ 
sidered,  because  what  remains  in  the  jar  mav 
contain  more  or  less  of  antimony,  than  what  I 
took  out;  to  this  precipitate  which  I  had 
weighed  iu  the  beaker,  I  added  a  drop  oi 
two  of  strong  uitrib  acid;  it  was  thei; 
in  the  beaker:  after  stirring  round 
the  nitric-  acid  with  a  glass  rod,  some  little 
time,  I  obtained  as  a  result  a  white  insoluble 
residue;  that  is,  insoluble  in  nitric  acid;  tin 
would  havegiven  thesame  result:  I  knowof  m 
other  metals  than  tin  or  antimony  which 
would  have  given  that  resuit:  arsenic  would 
not;  this  white  insoluble  residue  is. soluble  ii 
tartartic  acid,  if  antimony:  it  is  notsoluble  ifi; 
is  tin;  filtering  off  this  white  deposit,  and  col 
lecting  it  on  filtering  paper  first  before  disolv 
ing,  I  evaporated  todryuessto  see  if  the  nitric 
acid  would  dissolve  it,  and  the  white  precipi 
■  tate  remained;  while  it  was  evaporating  t( 
dryness  iu  the  beaker  I  prepared  a  solution  o 
tartaric  acid  in  water,  and  added  it  to  the! 
white  deposit,  which  it  dissolved  without 
much  difficulty:  now  I  got  a  solution  of  thi 
white  solution  iu  tartaric  acid  and  passed  rlia 
solution  through  filtering  paper  into  a  cleai 
vessel,  takiug  the  precaution  of  not  washing 
the  filtering  paper  lest  the  water  might  dis 
solve  something  else  ;  to  prove  that  thi 
was  dissolved  and  that  there  could  bo  no  wisi 
taking  it  for  antimony,  I  added  a  few  drop 
of  hydrochloric  acid  to  the  filtered  solution 
passed  sulphuretted  hydrogen  through  the  so 
Intionand  got  the  precipitate  of  snlphfde  o 
autimouy:  this  finished  my  examination  of  th 
contents  of  the  larger  jar;  having  obtained  th 
dark  spots  on  porcelain  and  its  subsequent  re 
actions,  the  obtaining  a  precipitate  by  su$ 
phuretted  hydrogen  from  the  acidified  orig 
nal  solution,  and  the  color  of  that  precipitate 
the  white  precipitate  obtained  bystrongnitri 
acid,  its  solution  iu  tartaric  acid  and  sttbst 
quent  precipitation  by  sulphuretted  hydroge 
and  the  solubility  of  the  sulphide  precipitate 
by  sulphuretted  hydrogen  in  cau.-tic  potasl 
leaves  no  doubt  in  my  miml  of  the  presenc 
of  antimony;  that  completed  my  examinatiii 
of  the  contents  of  the  larger  jar;  I  now  pr< 
i  ceeded  to  take  the  contents  of  the  smaller  ja 
which  was  said  to  contain  the  kidneys,  etc 
I  treated  them  in  about  the  same  manner 
had  treated  the  part  of  the  contents  of  tl 
larger  jar;  I  only  noticed  in  that  analysis  thi 
the  solution  obtained  was  of  a  vet 
light  color  after  t  e  first  filtratio 
whereas  in  the  first  analysis  it  was  mill 
darker:  in  this  second  analysis,  while  eyapo 
ating  the  solution  down  to  concentrate  it  tl 
color  remained  light  till  towards  the  en 
I  when  it  became  much  darker;  ibis  fact  wou 
have  little  if  any  bearing  on  the  presence  < 

1  absence  of  antimony;  it  might  occur  withot 


TEE  WEARTON-KETCEUM  TRIAL. 


67 


antimony;  the  whole  quantity  obtained  was 
evaporated  down  quite  low,  and  to  set  a  defi¬ 
nite  volume  of  liquid  I  added  distilled  water 
till  it  reached  fifty  cubic  eentrimetres,  which 
would  be  between  an  ounce  and  a-half  and  two 
ounces;  about  an  ounce  and  a-half;  I  use  the 
French  measures:  I  took  one-tenth  of  this 
solution  to  see  if  I  could  obtain  spots  on  por¬ 
celain;  trying-  by  the  same  methods,  I 
obtained  very  light  spots,  that  is  small  spots; 
[  mean  light  as  regards  weight;  these  spots 
seemed  not  readily  volatile  by  beat  and 
readily  soluble  in  sulphide  of  ammonium; 
from  the  looks  of  these  spots,  as  far  as  looks 
go,  I  would  say  they  were  antimony;  there 
is  no  doubt  of  their  being  antimony  or 
arsenic. 

Mr.Revell— Did  you  preserve  those  spots? 
Witness — Yes  sir,  and  Is  have  them  here. 
Professor  Tonry  then  continued — While 
ibtaining  these  spots  I  put  a  spirit  lamp 
inder  the  delivery  tube;  that  gave  nie 
iring  near  the  heated  part  of  the  tube  and 
nside;  that  also  would  indicate  antimony  or 
irsenic;  then  passed  the  hydrogen  as  it 
:amefrom  the  generating  glass,  through  a  so 
ution  of  nitrate  of  silver;  then  I  obtained 
what  appeared  last  night  a  dark  coloration, 
which  tins  morning,  on  being  looked  at,  kadbe- 
iome  a  precipitate,  a  rather  dark  precipitate; 
fom  the  looks  last  night  by  gas  light,  after 
he  addition  of  the  hydrogen  gas,  very  small 
'articles  seemed  to  be  floating  around;  there 
3  no  mistake  this  morning  about  the  preeipi- 
ate;  setting  this  aside  I  next  took  tkree- 
Jths  of  the  original  solution,  and  passed 
hrough  it  sulphuretted  hydrogen  gas,  and 
btained  a  black  or  what  appeared  last  night 
o  be  a,  black  precipitate;  this  black 
recipitate  would  not  necessarily  indicate 
ntimony,  hut  antimony  being  a  lighter  color 
light  be  present  with  the  black  precipitate; 
his  black  precipitate  was  washed  with  dis- 
llecbwater,  and  then  strong  muriatic  acid 
ras  added  to  it,  and  the  resulting  solution 
ltered;  the  filter  was  washed,  and  all  the  so- 
ltion  which  had  passed  through  the  filtering 
aper  retained;  any  antimony  present  would 
ave  been  dissolved  by  the  strong  mu- 
atic  acid,  and  would  have  passed 
irough  the  filtering  paper,  and  would 
■a,:  of  course,  in  the  resulting  solu- 
on;  now,  passing  sulphuretted  hydrogen 
irough  this  resulting  solution,  I  ob- 
tined  the  unmistakable  color  of  antimony, 
ore  so  when  the  precipitate  first  formed  than 
:ter wards;  these  results  induce  me  to  say 
lat  antimony  was  present  in  the  contents  of 
le  second  jar;  that  completed  the  examina- 
on  I  made  of  th®  material  brought  me,  and 
le  silver  solution  and  the  ring  inside  of  the 
she  I  have  not  had  time  to  test. 

The  witness  here  opened  a  sealed  box,  took 
om  it  a  porcelain  lid,  showed  it  to  the  jury, 
e  chemical  experts,  the  respective  counsel 
id  the  Court.  Five  spots,  of  a  dark  color, 

I-;  are  present. 

He  then  continued— When  I  opened  the  first 
c  ou  one  of  the  pieces  there  appeared  the  nn- 
istakable  color  of  an  antimony  precipitate 
•  sulphuretted  hydrogen;  that  was  as  soon 
I  took  it  from  the  jar;  also  a  slight  canary 
llow  arsenic  color;  that  is  under  the  same 
'  5 


process;  I  also  looked  at  one  of  the  pieces  of  the 
sample;  it  struck  me  that  the  sulphuretted 
hydrogen — 

Mr  Steele  said  any  mere  guess  of  the  witness 
would  not  be  evidence. 

The  witness  continued — The  decom¬ 
position  of  the  body  seemed  to  have 
caused  any  antimony  present  to  have 
been  precipitated;  I  asked  one  of  the 
gentlemen  to  come  to  the  laboratory  when  I 
opened  the  samples;  after  waiting  sometime  I 
requested  my  friend,  Dr.  Forster,  to  be  present. 

<►  At  this  point,  the  witness  having  not  yet 
concluded,  the  Court  adjourned  to  10  A.  M.  to¬ 
morrow. 


KmETBESTH  S>AY. 

Annapolis,  December  27, 1871. 

The  large  attendance  yesterday  upon  the 
Wharton-Ketchum  trial  showed  that  the 
interest  of  the  public  is  still  eager 
and  earnest,  and  though  the  proceed¬ 
ings  partook  of  the  tedium  of  the  de¬ 
tails  of  chemical  investigations,  the  atten¬ 
tion  of  the  spectators  seemed  as  patient  as 
when  the  incidents  of  General  Ketckuin’s  last 
sickness  were  being  narrated.  An  unusually 
large  number  of  ladies  were  present,  and 
among  them  several  well  known  representa¬ 
tives  of  t. tie  upper  circles  of  Baltimore  society 
Colonel  Harwood,  the  courteous  and  attentive 
clerk  of  the  court,  has  assigned  to  the  ladies 
nearly  one-half  of  the  space  allotted  to  spec¬ 
tators,  and  with  gallant  forethought  has  pro¬ 
vided  for  their  special  accommodation  ele¬ 
vated  seats,  from  which  they  can 
observe  all  that  passes  and  hear  everything 
that  counsel,  court  and  witnesses  say.  The 
gentle  sex  seem  duly  appreciative,  and  from 
the  beginning  of  the  great  trial,  have  exhibi¬ 
ted  the  most  patient  interest.  A  great  desire 
was  felt  on  yesterday  to  learn  the  result  of 
Prof.  Tonry’s  complete  analysis,  and  during 
the  delivery  of  his  testimony  marked  silence 
reigned  throughout  the  court  room.  The  five 
dark  spots  on  the  porcelain,  lid  exhibited  by 
him  were  observed  by  those  to  whom  they 
were  shown  with  the  same  anxious  scrutiny 
_  which  the  previous  thirteen  spots  had  attract- 
'  ed,  and  the  experts  for  the  defence  were  all 
attention  while  Prof.  Tonry  was  on  the  stand. 
Prof.  Tonry’s  manner  was  modest  but  self- 
possessed,  and  he  gave  his  testimony  in 
a  quiet,  unassuming  way,  which  divested  it  in 
great  part,  of  any  objectionable,  sensational 
interest. 

Mrs.  Wharton  exhibited  again  on  yesterday 
the  remarkable  composure  which  distin¬ 
guished  lier  manner  previous  to  the  re-call  of 
Dr.  Williams,  and  the  introduction  of  Prof. 
Tonry’s  testimony,  and  with  the  exception  of 
a  few  words  exchanged  with  her  daughter 
and  Mrs.  Neilson,  there  was  nothing  to  indi¬ 
cate  that  she  was  nervous  or  agitated.  Her 
veil  hung  over  her  face  in  heavy  folds,  and  it 
was  impossible,  except  to  those  near  her,  to 
observe  any  changes  of  expression,  if,  indeed, 
there  were  any.  She  seldom  changes  her  po¬ 
sition,  but  sits  quietly  m  the  ordinary  office 
cane-bottom  chair  provided  for  her,  without 


68 


THE  WHARTON-KETCH UM  TRIAL. 


exhibiting  the  weariness  which  is  experienced 
bv  those  around  her. 

Her  hands,  neatly  gloved  in  black  kid,  are 
kept  most  ot  the  time  in  a  handsome  sable 
for  mutt,  which  she  has  carried  in  Court  con¬ 
stantly  since  her  arraignment;  and  even  when 
in  con  versation  with  those  near  her,  she  loses 
but  little  of  the  calmness  of  manner  which 
she  has  so  long  maintained.  Her  daughter 
still  occupies  a  seat  immediately  to  her  left, 
and.  like  her  mother,  is  clad  in  black  and 
heavily  veiled.  She  was,  on  yesterday,  very 
attentive  to  the  testimony  of  Prof.  Tonry, 
but  exhibited  no  unbecoming  anxiety. 

Upon  the  opening  of  the  Court  to-day,  Pro¬ 
fessor  Tonry  was  re-called  for  cross  examina¬ 
tion  by  Mr.  Steele  and  test!  fieikl  was  employed 
in  the  Surgeon  General’s  Office  in  Wash¬ 
ington,  from  October,  1S66,  to  July,  1869, when 
I  accepted  the  position  of  chemist  for  the 
Baltimore  Copper  Company;  I  was  with  the 
Baltimore  Copper  Company  for  about  four 
months;  I  was  not  discharged  but  resigned;  on 
one  or  two  occasions  the  President  of  the 
Company,  Henry  Martin,  wanted  me  to  re¬ 
turn  less  than  I  found  the  ores  contained,  and 
I  refused  to  do  so  and  resigned;  early  in  1870 
I  opened  a  laboratory  in  Baltimore;  I  was  set 
down  as  hospital  steward  on  the  rolls  of  the 
Surgeon  General’s  Office,  and  was  ordered  to 
report  for  duty  in  the  laboratory  of  his 
oilice;  I  was  engaged  in  assisting  Dr. 
Craig  in  making  chemical  analyses;  we  made 
them  frequently  for  the  Commissary  Depart¬ 
ment,  as  well  as  for  the  Medical  Department; 
I  have  never  before  analyzed  the  organs  of  a 
human  body  supposed  to  have  been  poisoned; 
my  directions  were  “  to  examine  only  for  anti¬ 
mony;”  those  were,  I  think,  the  words  used  to 
me,  and  that  was  the  object  of  my  examina¬ 
tions;  one  jar  was  covered  with  paper,  and  the 
other  corked;  I  received  the  jars  on  Sunday, 
and  commenced  on  Monday  morning  about  10 
o’clock  to  prepare  for  the  analysis;  the  color 
first  precipitated  was  a  brown,  bordering  on 
red;  1  object  to  your  asking  about  the  color  of 
a  precipitate  which  I  took  as  a  guide  as  to 
the  quantity  to  he  used;  I  can  hardly  con¬ 
sider  the  precipitate  as  an  orauge  red;  I  cannot 
remember  whether  it  was  Tuesday  or  Wednes¬ 
day  evening  that  Dr.  Chew  said  I  would  have 
to  "come  to  Annapolis;  I  measured  the  quanti¬ 
ties  I  used,  but  not  absolutely  accurately;  I 
havn’t  all  the  spots  here,  as  of  course  some 
were  used  subsequently,  as  I  have  stated;  the 
experiment  made  in  Dr.  Chew’s  presence  was 
before  the  solution  had  been  completely  fil¬ 
tered;  I  would  not  pretend  to  decide  how 
much  weight  of  antimony  one  of  those  spots 
contained;  the  weight  would  depend  upon  the 
time  it  was  kept  in  the  flame;  I  have  not  bad 
experience  enough  in  the  weight  of  those 
spots  to  state  even  an  estimate  of  t  heir  weight; 
I  would  not  estimate  any  weight  so  contin¬ 
gent;  Wormley  says  in  his  Micro-Chemis¬ 
try,  that  the  thousandth  part  of  a 
grain  would  give  a  spot;  I  de¬ 
scribed  the  test  I  used  as  a  very  delicate 
one;  the  weight  of  the  spot  would  depend 
upon  the  strength  of  solution  used;  I  abso¬ 
lutely  refuse  to  give  any  estimate  of  the 
weight  of  antimony  in  the  thirteen  spots;  the 
spots  I  exhibited  yesterday  were  even  more 


minute  than  those  previously  exhibited;  in 
regard  to  their  proportion  in  weight  I  can 
give  no  estimate,  but  as  regards  the  surface 
covered  I  should  say  that,  the  live  spots  shown 
yesterday  covered  about  one-fifth  of  the  space 
covered  by  the  thirteen  spots  first  shown:  the 
reason  why  I  said  I  took  one  or  two  of  the 
spots  was  because  the  spots  were  close  to¬ 
gether:  the  manipulation  of  the  minute  quan¬ 
tity,  that  is  its  solubility,  would  not  depend 
upon  its  minuteness:  I  dec.ine  supposing 
i  any  weights;  if  a  spot  contained  a  thousandth 
part,  of  a  grain  I  certainly  think  I  could  ma¬ 
nipulate  it;  I  do  not  know  that  chemical  au¬ 
thorities  state  that  the  one  hundredth  part  of 
a  grain  is  the  smallest  quantity  that  can  be 
!  manipulated;  Wormley,  I  know,  goes  further: 
I  am  not  aware  that  any  substance,  other 
than  antimony,  under  the  process  I  used, 
would  give  the  dark  bpots  I  obtained;  Taylor 
says  selenium,  phosphorus,  and  some  organic 
matter  may  unite  with  hydrogen  anil  give 
dark  spots;  I  would  not  think  for  a  moment 


that  organic  matter  gave  me  the  dark  spots  I  ob¬ 
tained;  I  never  tried  the  experiment  Taylor  re¬ 


commends:  I  followed  Wormley  principally, 
and  he  differs  from  Taylor;  the  balance  I  used 
|  was  one  of  the  new  pattern  of  Becker  &. 
Bro.’s,  of  Belgium.  [Prof.  Tonrv  here  re¬ 
ferred  to  his  laboratory  notes  to  recall  the 
exact  figures  ho  was  now  asked  to  give]  and 
continued:  The  beaker  glass  was  16.019 
j  grammes;  the  weight  of  the  whole  precipitate 
i  was  16.0215  grammes:  I  am  pretty  certain  that 
i  the  balance  was  horizontal  on  the  knife  edges; 
j  the  balance  I  keep  in  a  glass  case  which  has 
sliding  doors:  I  have  used  it  for  about  a  year 
|  and  a  half,  and  frequently;  from  these  weights 
I  came  to  the  conclusion  that  the  whole 
weight  of  the  precipitate  was  twentv-five 
i  ne-hundredths  of  a  gramme;  Prof.  Tonry  here 
exhibited  his  notes  to  Mr.  Steele  and  ex¬ 
plained  to  him  how  he  had  figured  out  the 
quantity;  he  next,  at  Mr.  Steele’s  request,  fig¬ 
ured  out  the  number  of  milligrammesin  a 
gramme.  Hethen  continued:  Agrammeisequal 
to  fifteen  grains  and  forty-three  hundredths 
one  milligramme  is  equal  to  fifteen  one  thous¬ 
andths  of  a  grain,  and  a  fraction  over;  I 
cannot  get  it  otherwise;  on  my  balance  I  can 
weigh  the  three-thousaudth  part  of  a  gramme; 
it  is  guaranteed  to  me  to  weigh  the  twentieth 
of  a  milligramme;  I  took  hold  of  the  top  of 
the  beaker  and  not  of  the  6ides,  lest  the  moi6-i 
ture  from  my  fingers  should  adhere  to  the; 
sides  of  the  beaker;  a  very  small  portion  of 
moisture  from  my  hand  might  have  adheredi 
to  the  rim:  I  transferred  the  solution  by  wastw 
ing  from  the  filter  paper;  after  settling,  Idrew 
off  the  supernatant  liquid  by  a  pipette,  abJ 
sorbed  the  greater  part  of  the  balance  by  tiiJ 
tering  paper,  by  capillary  attraction,  anil 
evaporated  the  slight  balance  in  a  beaker  glas^ 
over  a  water  bath,  hut  I  do  not  know  ho 
long  1  kept  it  over  the  water  bath. 

Mr.  Steele  here  recalled  the  witness  to  fig¬ 
ures,  and  sometime  was  occupied  in  figuring 
in  decimals  and  vulgar  fractions,  the  result-8 
being  merely  tests  of  the  mathematical 
I  accuracy  of  the  witness.  He  continued — Mj 
balance's  would,  I  think,  turn  with  the  one 
l  twelve-thousandth  part  of  a  grain ;  it  it 
l  guaranteed  to  be  accurate  to  the  ono  seven 


THE  WHA UTON-KETCHUM  TRIAL. 


69 


housandth  part  of  a  grain;  they  are  kept  ac¬ 
tuate  by  means  of  chloride  of  calcium  pow¬ 
ers,  and  are  kept  thoroughly  dry. 

The  witness  was  here  asked  if  four  milli- 
;rammes  were  equal  to  six  tenths  of  a  grain, 
>nd  after  figuring  said  it  was  equa  1  to  six 
ne-hundredths. 

Mr.  Steele.— “You  testified  yesterday  that  it 
fas  six  tenths,  therefore  ten  times  less  than 
■ou  make  it  to-day.”  The  witness  admitted 
he  mistake. 

Mr.  Steele — “Assuming  that  your  weights 
yere  correct,  and  you  knowing  and  admitting 
hat  there  was  foreign  organic  matter  in  the 
olution,  could  you  treat  it  as  a  pure  sulphide?” 
[lie  witness  replied  that  the  organic  matter 
yas  very  small:  it  was  coloring  matter. 
Professor  Tonry  then  continued — If  the 
olution  of  the  substance  is  very  acid 
md  the  sulphuretted  hydrogen  passed  over 
lowly,  there  -would  be  very  little  probabilty 
if  a  precipitate  of  sulphur;  in  none  of  my 
olutions  did  I  pass  the  sulphur  through  twice 
yithout  first  washiug  the  precipitate  obtained 
md  bringing  it  again  into  solution;  I  do  not 
liink  there  would  be  an  excess  of  sulphur  if 
he  sulphuretted  hydrogen  passed  through  a 
washing  bottle;  if  sulphuretted  hydrogen  is 
lassed  through  a  very  acid  solution  there  will 
je  an  excess  of  sulphur  over  that  in  combina- 
;ion;  I  deny  that  there  would  be  an  excess  of 
ulphur  in  the  precipitate — in  the  solution 
here  would  be  an  excess;  (here  Prof.  Tonry 
explained  the  reasons  for  this  opinion);  sul¬ 
phuretted  hydrogen  under  certain  circum- 
itances  may  be  decomposed  in  water 
nto  pure  sulphur.  Here  Meesrs.  Steele 
md  Hagner  referred  to  the  report  of 
’rofessor  Tonry,  in  the  Gazette  of  to-day, 
«nd  the  witness  resumed :  I  added  the  potash 
o  dissolve  the  sulphide,  and  I  presumed  it 
yould  be  antimoniate  of  potash;  I  then  added 
artaric  acid  with  the  object  of  obtaining  tar- 
rate  of  potash;  I  would  not  have  obtained  an 
■range  precipitate  if  no  antimony  had  been 
>resent;Ido  not  now  remember  that  itnmedi- 
,te  compound;  referring  to  the  spots  obtained 
m  porcelain,  I  let  the  gas  flow  ou  the  spot  I 
lsed  until  it  dried  by  spontaneous  evapora- 
ion;  I  cannot,  however,  estimate  the  weight 
f  antimony  in  that  spot;  I  did  not  have  to  add 
ieattodry  it:  I  would  prefer  to  decline  to  give 
m  estimate  of  the  amount  of  tartar  emetic  that 
he  spot  would  form;  I  simply  say  I  can’t  make 
he  estimate;  I  did  not  out  anything  into  the 
ydrogen  gas  I  used;  I  have  no  knowledge  of 
uatomy,  and  no  experience  in  post  mortem 
xaminations;  to  my  knowledge  there  are  no 
ubstances  but  antimony  or  arsenic  that,  un- 
er  the  circumstaucess,  would  give  those 
pots;  new  metals  have  been  discovered  from 
imo  to  time,  but  not  frequently;  I  cannot 
ive  you  the  dates  of  the  discoveries  of  the 
arer  new  metals;  all  the  qualities  of  the  new 
aetals  are  not  perfectly  known;  I  obtained  a 
oetallic  bead  fr  >m  the  metallic  antimony  and 
rom  the  tartar  emetic  I  tried  for  that  pur- 
ose,  as  I  stated  yesterday;  I  took  about  a  half 
grain  or  less,  and  it  gave  a  bead  without 
ifficulty;  that  amount  of  tartar  emetic  would 
ontain  about  a-fourth  of  a  grain  of  anti- 
Qonv;  the  color  of  the  pure  sulphide  of 
ntimony  is  generally  mentioned  as  or¬ 


ange  red;  I  am  not  aware  that  any  or¬ 
ganic  matter  would  give  the  orange  red  pre¬ 
cipitate  under  the  process  I  used;  if  there  be 
any,  then  the  test  I  have  described  is  not  con¬ 
clusive,  as  far  as  color  is  considered;  I  re¬ 
moved  the  precipitate  from  the  heaker  glass 
by  dissolving  it  in  the  glass;  it  was,  perhaps, 
two  hours  after  that  I  weighed  the  heaker 
glass.  [The  witness  here,  at  the  request  of 
Mr.  Hagner,  wrote  in  chemical  formula  what 
was  in  the  oeaker  glass  before  he  added  the 
potash,  and  it  read  “SbS3.”] 

To  Mr.  Thomas — I  found,  by  my  tests  at  the 
Baltimore  Copper  Company’s  Works,  that  I 
obtained  .almost  the  same  physical  results 
from  antimony  or  arsenic;  1  attached 
no  importance  to  the  physical  ap¬ 
pearance  of  the  spots,  as  distinguishing 
between  antimony  and  arsenic,  but  I 
rely  upon  the  tests  I  used.  The  witness  here 
briefly  repeated  his  statements  of  the  tests  he 
had  used.  I  tried  theanitrie  acid  as  a  matter 
of  experiment;  I  threw  that  result  aside  as  of 
no  particular  value  under  the  circumstances; 
when  I  fused  the  sulphide  precipitate  on  char¬ 
coal  I  failed  to  obtain  any  of  the  metal  ob¬ 
servable  to  the  naked  eye;  one  of  the  solu¬ 
tions  from  one  sample  I  had  taken,  after  hav¬ 
ing  passing  the  sulphuretted  hydrogen 
through  it,  and  decanting  the  supernatent 
liquid,  I  put  aside  in  a  flask;  when  I  went 
home  from  here  on  Friday  I  found  in  that 
flask  the  unmistakable  bright  red  orange 
color  of  antimony,  but  as  I  broke  the  test 
tube  in  which  I  obtained  what  appeared  to  be 
the  white  antimony  precipitate  with  water 
before  it  had  time  to  settle,  I  did  not  think  it 
necessary  to  speak  of  that  portion  of  the 
sample;  I  showed  the  color  to  one  of  the  ex¬ 
perts  for  the  defence — Prof.  White. 

To.  Mr.  Steele— Before  I  went  to  the  Sur¬ 
geon  General’s  office  I  had  been  for  three 
years  at  Georgetown  College,  the  latter  part 
of  that  time  as  Adjunct  Professor  of  Chemis¬ 
try;  I  was  born  in  Ireland,  lived  in  New  Bruns¬ 
wick  for  a  time,  studied  one  year  at  Boston 
College,  and  also  at  St.  Charles  College,  Mary- 
I  land;  I  have  lived  most  of  my  time  in  Mary¬ 
land. 

To  Mr.  Eevell — I  have  seen  it  mentioned  in 
some  of  the  books  that  tartar  emetic  contains 
traces  of  arsenic. 

To  the  Court — I  have  examined  the  stomach 
of  an  animal  for  strychnine. 

Professor  Toury’s  cross-examination  was  con¬ 
cluded  at  a  quarter  of  1  o’clock;  Professor 
Aikin’s  cross-examination  lasted  twice  as 
long. 

Mr.  Syester  here  stated,  in  answer  to  the 
inquiry  of  the  Chief  Judge,  that  the  State 
had  closed  its  case. 

Some  considerable  time  was  consumed  in 
consultation,  but  no  mention  made  of  an  in¬ 
tention  on  the  part  of  the  defence  to  make  an 
opening  statement. 

Testimony  for  tSie  Defenee. 

Francis  D.  Cleary  was  first  called,  and,  in 
answer  to  Mr.  Hagner,  testified  as  follows : 

I  live  in  Washington  and  am  of  the  firm  of 
Latimer  &  Cleary;  I  remember  an  interview 
I  had  at  my  office,  corner  Eleventh  street  and 


\ 


70  TEE  WEARTON-KETCEUM  TRIAL. 


Pennsylvania  avenue,  on  the  24th  of  last 
June,  about  2  P.  M.,  with  Mr.  Carnsi  and  Gen¬ 
eral  Ketchum;  it  was  a  very  warm  day;  as  I 
was  writing  a  check  for  Mr.  Carusi  a  drop 
of  perspiration  from  my  forehead  fell  on 
the  check,  and  I  tore  it  up;  General  Ketchum 
opened  his  vest,  and  his  shirt  was  saturated 
with  perspiration  and  stained,  I  suppose  from 
the  lining  of  the  vest;  I  did  not  notice  an  in¬ 
side  pocket;  my  office  is  about  a  quarter  of  a 
mile  from  Mr.  Carusi’s  office;  I  am  very  iguo 
rant  about  the  streets  of  Georgetown,  and  as 
near  as  I  can  say,  General  Ketchum  lived  a 
mile  and  a  half  or  three  quarters  from  Mr. 
Carnsi’s  office;  the  check  was  for  the  money 
($11,900)  for  the  house  I  had  sold  General 
Ketchum;  I  did  not  know  that  the  whole 
amount  had  been  deposited;  General  Ketchum 
and  Mr.  Carusi  left  to  get  the  check  casned;  it 
had  been  deposited  to  our  credit  on  Juno  13th; 
I  did  not  know,  however,  that  it  had 
been  deposited;  I  don’t  know  positively  who 
deposited  it;  the  terms  were  one-third  Cash, 
the  balance  nine,  fifteen  and  twenty-one 
months,  with  interest  from  day  of  sale.  The 
Court  here  decided  that  anything  General 
Ketchum  may  have  said  of  his  sufferings  and 
symptoms  could  go  to  the  jury.  The  witness 
then  continued — The  remark  he  made  tct.  me 
was  not  as  to  his  state  of  health  or  his  symp¬ 
toms.  Mr.  Hagner  here  asked  if  anxiety  had 
been  expressed'  by  General  Ketchum  as  to  the 
time  he  had  to  live,  would  it  be  within  the 
ruling  of  the  Court  to  give  it  in  evidence,  and 
the  Chief  Judge  said  itwould  not.  Mr.  Thomas 
said  that  the  Court  had  admitted  testimony  of 
General  K’s.,  health,  disposition  and  religion, 
and  he  desired  to  know  if  General  K’s.,  state¬ 
ment  of  his  anxiety  about  his  health  would 
not  be  admissible  ta  rebut  the  presumption 
raised  by  such  testimony. 

The  Chief  Judge  said  the  Court  had  allowed 
testimony  as  to  the  general  habits  and  char¬ 
acter  of  General  Ketchum,  and  if  the  witness 
knew  of  General  Ketckum’s  habits  and  dis¬ 
position  he  could  state  what  he  knew,  but  he 
could  not  state  any  particular  statement. 

The  witness  continued— I  had  no  acquaint¬ 
ance  with  General  Ketchum  until  the  12th  of 
last  June;  the  terms  of  sale  required  $350  on 
the  fall  of  the  hammer,  but  General  Ketchum 
told  me  who  he  was,  and  paid  the  money  next 
day. 

To  Mr.  Revell— I  am  in  my  39th  year;  I  can’t 
say  whether  or  not  he  had  an  inside  vest 
pocket  or  that  ho  had  any  papers  in  his 
pockets. 

To  the  Court— General  Ketchum  had  paid 
the  entire  purchase  money  on  I3tli  of  June. 

Ellen  Deddrick,  a  negro  servant  of  Mrs. 
Wharton,  was  next  called,  and  testified:  I 
lived  in  Baltimore  from  October,  1S70,  to  July, 
1871;  I  have  been  living  since  in  Philadelphia, 
and  lived  there  before  going  to  Baltimore;  I 
was  at  my  father’s,  near  Baltimore, during  July, 
August  and  September  of  1870.  and  went  to  Mrs. 
Wharton’s  in  October,  1870;  General  Ketchum 
arrived  at  Mrs.  Wharton’s  after  6  o’clock  ou 
the  afternoon  of  the  24th  of  last  June;  Su¬ 
san  Jacobs  was  the  only  other  servant  Mrs. 
Wharton  had;  I  was  waiting  ou  the  table 
when  Mrs.  Chubb  and  General  Ketchum  took 
tea  that  evening:  they  had  frizzled  beef,  ham. 


biscuit,  bread,  butter,  tea.  coffee,  and  rasp¬ 
berries:  General  Ketchum  ate  a  very  hearty 
supper:  he  took  coffee;  he  ate  so  heartily  as  to 
attract  my  attention,  and  spoke  as  if  he  had 
to  make  up  for  two  meals;  he  drank  three 
cups  of  coffee,  and  I  think  foil";  he  ate  several 
biscuits;  I  think  they  must  have  been  five  or 
six;  that  is  more  than  the  usual  number:  he  j 
ate  of  all  that  was  on  the  table,  except  of  the] 
bread;  I  don’t  remember  that  he  ate  any 
bread  except  biscuit;  he  ate  of  the 
raspberries,  and  the  meats  also;  I  think 
he  was  helped  only  once  to  rasp¬ 
berries.  The  State  objected  to  the  witness 
repeating  what  General  K.  had  said  about  hia 
having  drauk  ice  water,  and  the  defence  did 
not  press  the  inquiry.  The  witness  continued; 
— I  attended  to  General  K.’s  room  on  Sunday: 
morning,  but  not  on  Monday;  General  K.J 
seemed  to  be  a  sort,  of  a  peculiar  man,  and  I 
did  not  care  to  wait  on  him;  I  took  a  glass  oft 
cracked  ice  to  him  on  Monday  night  about  10; 
o’clock;  he  asked  me  to  band  his  pantaloons! 
from  the  closet  that  he  might,  get  his  watelijj 
key;  the  pants  were  in  the  closet  near  his  hed;< 
that  was  Mrs.  Wharton’s  closet;  Mrs.  I 
Wharton’s  own  room  was  on  the  floor  below, 
and  there  was  neither  a  closet  nor  wardrobe 
in  her  room:  Miss  Nellie’s  room  was  the 
back  room  on  the  second  floor,  and  that  room 
had  a  closet  and  a  wardrobeffhe  passage  from 
the  dining  room  to  the  kitchen  was  narrow;! 
I  can’t  give  the  exact  width;  several  ladies 
were  occupying  Mrs.  Wharton’s  room  when 
General  K.  was  sick;  there  was  an  old  white! 
nurse  there  with  a  child  of  one  of  the  ladies; 
she  was  quite  an  old  woman;  during  the  sick¬ 
ness  of  General  K.  a  great  many  persons  were 
about  the  house;  Mr.  Van  Ness  was  sick  in  the  j 
parlor,  and  the  dining  room  was  the  only] 
room  open  down  stairs;  the  doors  of  the  rooms 
were  generally  kept  open,  as  the  weather  was 
very  warm;  I  saw  the  little  nursery  refrige¬ 
rator  on  the  hearth  in  the  dining  room;  there 
is  one  door  on  each  side  of  the  diningroom,! 
and  in  all  three  doors:  one  door  leads  to  t.liel 
cellar,  one  leads  to  the  kitchen,  and  the  third] 
is  the  entrance  door  from  the  main  passage 
way;  several  times  servants  came  there 
to  bring  articles  for  Mr.  Van  Ness; 
I  don’t  know  how  many  times  they 
came;  a  person  could  get  from  the  cellar 
to  the  kitchen;  there  was  a  sreat  deal  of( 
passing  and  repassing  from  the  kitchen  to  the  I 
dining-room;  the  nursery  refrigerator  was  not  I 
Mrs.  Wharton’s,  bnt  had  been  bronght  there  j 
it  looked  like  tin;  it  was  not  tlie  habit  in  the  1 
lionse  to  keep  the  closets  looked;  medicines  j 
were  kept  in  Mrs.  Wharton’s  wash-stand  in  tbel 
second-story  room,  which  Mrs.  Van  Nessoccn-ll 
pied;  that  washstand  was  not  kept,  locked:! 
whenever  I  wanted  to  go  to  it  for  anything  I 
went;  I  saw  the  vial  shown  here  by  Cr.  Will- 1 
jams  and  1  bad  been  shown  it  before  by  Susan 
Jacobs  on  the  evening  before  Gen.  Ketclium’s 
death;  I  think  she  showed  it.  to  me  while  I 
was  in  the  second-story  of  Mrs.  Wharton's 
house.  Mr.  Steele  asked  what  Susan  Jacobs 
bad  said  about  it,  but  Mr.  Syester  objected 
and  the  inquiry  was  postponed. 

The  witness  continued — As  far  as  I  know  I 
had  never  seen  the  vial  before  Susan  Jacobs  i 
showed  it  to  me.  Mr.  Steele  next  renewed  •! 


THE  WHARTON-KETCHTJM  TRIAL. 


71 


his  inquiry  about  what  Susan  Jacobs  had 
said  to  the  witness  about  the  vial. 

Mr.  Eevell  objected  to  it  as  hearsay  testi¬ 
mony,  and  said  it  ouly  related  to  a  conversa¬ 
tion  between  the  witness  and  Susan  Jacobs, 
and  not  held  in  the  hearing  of  Mrs.  Wharton. 
It  was  not  a  part  of  the  res  gestae,  and  not  ad¬ 
missible. 

Mr.  Steele  said  the  finding  of  the  bottle  had 
also  been  made  an  important  part  of  the  evi¬ 
dence  by  the  State  itself,  and  the  defence 
wished  to  confirm  the  finding  of  the 
bottle.  The  conversation  would  give 
color  to  and  confirm  the  finding  of  the 
bottle.  The  Chief  Judge  said  the  Court  con¬ 
sidered  that  the  conversation  spoken  of  was 
not  evidence.  Judge  Hammond  said  Susan 
Jacobs  had  not  yet  been  impeached,  and  it 
was  not  competent  to  prove  by  conversation 
with  another  the  finding  of  the  bottle. 

The  witness  continued — Miss  Nellie  came 
home  between  1  and  2  o’clock  the  day  Gen¬ 
eral  Ketchum  died;  she  had,  I  think,  been 
absent  since  the  previous  Thursday;  the  main 
stairway  led  up  between  the  dining  room  and 
parlor;  there  is  also  a  stairway  leading  from 
the  kitch  n  to  the  second  story,  and  in  coming 
that  way  it  would  be  necessary  to  go  through 
Miss  Nellie’s  room;  I  attended  to  work  gener¬ 
ally  throughout  the  house. 

To  Mr.  Syester — Mrs.  Wharton,  Mrs.  Chubb 
and  General  Ketchum  were  present  at  the  tea 
table;  the  beef  was  smoked  beef;  the  ham  bad 
been  boiled  and  was  cold;  I  think  Mrs.  Chubb 
ate  of  nearly  all  that  was  on  the  table,  but  I 
did  not  notice  particularly;  Mrs.  Hutton  did 
not  take  any  tea;  I  can’t  tell  what  was  served 
for  breakfast;  there  was  more  quiet  on  the  nest 
lay,  and  that  is  why  I  can’t  say  what  they  had 
for  dinner;  I  was  sent  from  the  room,  too;  I 
inow  that  General  K.  took  three  cups  of  cof- 
pe,  and  I  think  four;  General  K.  wound  up  his 
watch  when  I  handed  him  his  pantaloons;  I 
odged  in  Mrs.  Wharton’s  house,  and  I  sup 
lose  I  went  to  bed  about  11  o’clock;  I  washed 
;he  tea  dishes,  and  was  in  the  dining  room 
luring  tea;  the  period  I  speak  of,  when  per¬ 
sons  were  passing  in  and  out,  was  between 
Saturday  uigbt  and  Wednesday;  I  saw  per- 
10ns  I  did  not  know;  Mrs.  Wharton  presided 
it  the  tea  table,  and  poured  out  the  coffee  for 
General  Ketchum;  it  was  a  roupd  table  and 
lot  large;  I  think  I  banded  him  the  beef;  I 
lon’t  remember  auy  more  than  one  piece  of  the 
lam  be  ate;  I  kept  account  of  the  cups  of 
;offee,  because  be  said  he  was  making  up  for 
;  ;wo  meals;  General  Ketchum  ate  four  or  five 
iv  five  or  six  biscuits;  sometimes  I  am  in  the 
labit  of  noticing  bow  much  people  eat  where 
am  waiting;  I  generally  band  every- 
hing  that  is  on  the  table;  I  am  not  cer- 
ain  bow  many  biscuits  Mrs.  Chubb  ate;  I 
•lon’t  think  there  were  very  many  vials  in 
he  washstand;  I  have  seen  four  or  five  vials 
n  there;  I  don’t  remember  that  I  went  to  the 
.  rashstand  while  General  Ketchum  was  sick; 

used  to  go  to  the  washstand  for  paregoric 
,nd  arnica,  and  also  to  get  the  ladies’  shoes, 
,nd  then  to  put  them  back;  I  don’t  think  I 
wer  saw  any  vials  any  where  except  in  the 
rashstand;  the  cups  from  which  General 
letchum  drank  were  of  the  size  all  first-class 
leople  use,  not  so  large  as  common  people  use; 


I  don’t  think  they  would  hold  quite  as  much  as 
a  tumbler;  I  retired  about  11  o’clock  on  Mon¬ 
day, and  got  up  about  half  past  6  o’clock;  I  don’t 
remember  that  during  General  K.’s  sickness  my 
regular  hours  were  broken  in  upon;  I  did  not 
go  into  Geueral  K.’s  room  after  Monday  even¬ 
ing;  I  saw  some  of  the  servants  who  came  to 
bring  articles  for  Mr.  Van  Ness  go  into  the 
diniDg- room;  they  were  strangers  to  me,  and 
I  don’t  know  the  names  of  any  of  them:  I  did 
not  have  occasion  to  use  often,  the  medicines 
in  the  washstand;  there  was  Jamaica  ginger 
iu  there,  and  I  used  to  go  for  that;  sometimes 
arnica,  and  sometimes  paregoric  would  be  in 
there  also;  there  might  have  been  something 
“simple”  there  besides;  when  I  went  for  Ja¬ 
maica  ginger  I  did  not  look  for  anything  else. 

To  Mr.  Steele. — Sometimes  when  persons 
came  to  Mrs.  Wharton’s  and  took  a 
very  hearty  meal,  Susan  and  I  would 
pass  a  joke  about  it,  and  we  did  so 
about  Geueral  K.’s  supper;  I  frequently  had 
occasion  to  go  to  the  washstand  when  the 
ladies’  slippers  or  shoes  were  left  out;  it  had 
two  shelves;  no  place  in  the  house  was  kept 
locked  so  that  I  could  not  have  access  to  it. 

Susan  Jacobs  (colored)  was  next  called,  and 
testified;  I  was  living  with  Mrs.  Wharton  at 
the  time  of  General  K.’s  death,  and  had  been 
with  her  as  a  cook  for  nearly  six  years;  I  took 
charge  of  General  K.’s  room  on  Monday  morn¬ 
ing,  and  I  went  to  his  room  on  that  morn¬ 
ing  about  8  o’clock;  on  that  morning,  between 
9  and  10  o’clock,  after  breakfast,  I  saw  a  little 
vomit  in  the  slop  jar  in  General  K.’s  room,  and 
again  between  1  and  2  o’clock  I  found 
about  the  same  quantity  in  the  jar; 
General  K.  took  breakfast  in  liis  room  on  Mon¬ 
day;  I  asked  what  he  would  have  for  break¬ 
fast,  and  be  asked  me  what  I  had  for  breakfast; 
I  told  him  the  breakfast  was  nearly  eaten  up: 
be  asked  if  I  had  any  cold  meat,  and  I  told  him 
I  had  cold  roast  beef  and  cold  bam  left  from 
Sunday’s  dinner;  he  told  me  to  cut  him  off 
three  or  four  thin  slices  of  the  cold  roast  beef 
and  to  leave  no  fat  on  it;  he  wanted  also  a 
coup. e  of  slices  of  dry  toast,  without  butter, 
and  a  cup  of  tea;  I  got  them  for  him  about  a 
quarter-past  9  o’clpck;  I  continued  to  attend 
to  his  room  until  be  died;  on  Tuesday  morning 
I  went  to  his  room  with  Mrs.  Chubb  and  I  beard 
him  tell  her  he  would  come  in  the  next  train; 
I  found  no  vomit  iu  the  slop  jar  on  Tuesday. 

The  Court  here  adjourned  until  10  A.  M.  to¬ 
morrow,  when  Susan  Jacobs  will  be  recalled 
for  cross-examination  by  the  State. 

The  attendance  to-day  upon  the  trial  was 
larger  tfian  usual,  and  notwithstanding  the 
tedium  of  a  great  part  of  the  proceedings,  the 
spectators  remained  until  the  adjournment  of 
tlie  Court.  Mrs.  Wharton  and  her  daughter 
occupied  their  accustomed  seats,  and  there  was 
nothing  unusual  iu  the  manner  of  either. 
Mrs.  Nugent,  Mrs.  Neilson  and  Miss  Rosa  Neil- 
son  were  present  with  them.  Mr.  Charles  L. 
Ketchum  was  the  ouly  member  of  the  late 
General  Ketchum’s  family  present  to-day. 
General  Brice  is  absent  in  Washington. 
Among  the  spectators  to-day  were  Commodore 
Decatur  and  Commander  McAuley,  of  the 
navy;  Rev.  C.  K.  Nelson  of  St.  John’s  College, 
and  Lieutenant  Colonel  Louev,  of  the  Fifth 
Regiment  of  Baltimore,  were  also  present. 


72 


THE  WHARTON-KETCHTJM  TRIAL. 


TWK.M1ETE1  WAT. 

Annapolis.  December  28,  1871. 

The  first-  act  of  the  fearful  drama  which  has 
for  an  unprecedented  length  of  time  engaged 
the  attention  of  the  Circuit  Court  for  Anue 
Arundel  County, and, in  a  measure,  of  the  whole 
State  of  Maryland,  closed  on  yesterday,  but 
it  cannot  be  said  that  the  curtaiu  rose 
upon  the  second.  Contrary  to  general  expec¬ 
tation,  the  learned  counsel  for  Mrs.  Wharton 
made  no  opening  statement  to  the  jury,  and 
they  did  not,  in  the  testimony  of  the  witnesses 
they  called,  more  than  foreshadow  what 
constituted  the  grounds  of  their  defence. 
After  the  Attorney  General  announced  the 
close  of  the  State’s  case,  there  was  a  consider¬ 
able  intermission  before  a  witness  for  the  de¬ 
fence  was  called,  during  which  time  the 
counsel  for  the  defence  were  engaged  in  close 
and  earnest  consultation.  The  jury. 
Court,  reporters  and  spectators  were 
evidently  awaiting  with  no  little  interest 
the  result  of  their  deliberations,  and  there 
was  a  liok  of  disappointment  on  many  faces 
when  Mr.  Hagner,  in  a  restless  and  somewhat 
vervous  tone  of  voice,  called  upon  Mr.  Cleary, 
of  Washington,  to  take  the  witness  stand. 
Mrs.  Wharton  sat  unmoved  during  all  the 
time  Messrs.  Steele,  Hagner  and  Thomas  were 
deliberating,  and,  judging  from  her  manner, 
her  reliance  in  the  wisdom  of  her  counsel  was 
implicit  and  steadfast.  Her  whole  manner 
when  the  State’s  officers  announced  the  close 
of  their  case  was  as  calm,  patient  and  re¬ 
signed  as  when  Mr.  Kevell  moved  her  ar¬ 
raignment  on  the  most  fearful  charge  known 
to  the  law,  and  there  was  no  observable 
change  in  her  bearing  during  the  anxious 
interval  which  her  counsel  occupied. 
Miss  Wharton  appeared  more  anxious 
and  by  the  close  attention  she  gave  to  all  that 
was  passing  around  her,  and  her  avoidance  of 
conversation  with  those  of  her  friends  who 
sat  near  her,  showed  that  she  fully  appre¬ 
ciated  the  importance  of  the  stage  her  mother’s 
trial  had  reached.  Her  heavy  veil  concealed 
whatever  of  emotion  her  face  may  have  be¬ 
trayed,  but  it  was  noticeable  that  her  manner 
on  yesterday  more  than  on  auy  previous  occa¬ 
sion  partook  of  the  sadness  and  composure 
whicli  has  so  long  characterized  her  mother. 
The  attendance  upon  the  trial  was  almost  as 
large  "Sis  on  the  opening  day,  but  the  interest 
manifested  was  calmer  and  more  earnest. 

Upon  the  opening  of  the  Court  to-daj*  Susan 
Jacobs,  the  colored  cook  of  Mrs.  Wharton, 
was  recalled  by  the  defence,  and  in  answer 
to  Mr.  Steele,  testified: 

1  took 'General  Ketchum  some  dinner  on 
Mouday,  and  also  tea  at  night;  I  do  not  recol¬ 
lect  the  time  of  the  day  Dr.  Williams  came 
on  Monday;  I  heard  he  was  there,  but  I  was 
not  in  the  room;  I  found  vomit  in  the  slop  jar 
after  Dr.  Williams  had  left;  on  Tuesday  I 
found  no  vomit,  and  1  found  no  uriueon  Tues¬ 
day;  I  went  to  his  room  on  Tuesday  morning, 
and  he  told  me  to  cut  him  off  a  couple  of 
slices  of  the  roast  beef,  and  leave  no 
fat  on  it,  and  to  bring  him  two  slices 
of  toast  without  butter  on  it;  after  Mrs. 
Chubb  left  I  went  to  his  room  and  found  him 


in  bed;  the  family  breakfasted  that  morning 
about!)  o’clock,  and  I  took  him  his  breakfast 
after  the  family  breakfast:  ho  was  in  bed 
when  I  took  up  his  breakfast;  I  left  his  break¬ 
fast  on  a  little  table  by  the  side  of  his  bed 
and  vent  down  stairs;  when  I  returned  he  hail 
eaten  a  slice  of  toast  and  a  small  piece  of 
beef;  I  took  him  up  a  cup  of  tea  soon  after 
Mrs.  Chubb  left,  but  he  did  not  drink  that 
-  one;  he  drank,  however,  the  tea  I  carried  him 
I  for  breakfast:  I  made  the  tea  and  took  it  to 
him  myself;  he  ate  his  breakfast  in  bed;  when  I 
thought  he  had  finished  breakfast,  1  went  up 
to  make  up  his  chamber;  he  got  up  and  went 
to  the  lounge:  ho  did  not  seem  well,  but 
seemed  quite  feeble;  he  did  not  stagger,  but 
when  he  sat  down  he  seemed  quite  weak;  he 
did  not  require  any  assistance  in  sitting 
down;  when  he  sat  down  he  put  his  hand 
under  his  jaw  in  this  way. 

[Here  the  witness  showed  liow  General 
Ketchum  had  leaned  his  head  on  his  hand 
while  sitting  on  the  lounge. .1 

The  witness  then  continued — Gen.  Ketchum 
did  not  return  to  his  bed  while  I  was  iu  the 
room;  I  went  up  again,  found  him  iu  bed  and 
in  a  kind  of  drowsy  sleep;  he  told  me,  when  1 
asked  him  how  he  was,  to  let  him  alone, 
and  that  he  would  soon  sleep  it  off  and  feel 
better;  he  took  no  medicine  while  1  was  there; 
I  asked  him  if  the  doctor  had  left  him  any 
medicine,  and  he  said  the  doctor  had  given 
him  but  one  dose,  which  he  did  not  think  was 
sufficient,  and  he  had  taken  a  dose  of  his  own 
medicine,  which  he  knew  was  sufficient;  I 
went  up  about  dinner  time  to  see  what  he 
would  have  for  dinner;  I  had  cooked  dinner, 
and  generally  got  dinner  cooked  by  3  o’clock; 
when  I  went  up  I  found  him  lying  on  the 
bed  fast  asleep;  I  woke  him  and  asked 
him  how  he  felt,  and  he  said  if  I 
would  let  him  alone  ho  would  soon  sleep  it 
off' and  feel  better;  I  asked  him  what  he  would 
have  for  his  dinner,  and  he  said  he  would  take 
a  cup  of  tea  and  a  piece  of  toast;  he  rose  up  in 
the  bed  and  said  he  would  try  to  set  up  while 
I  was  in  the  room;  he  got  out  of  the  bedaud 
started  over  towards  the  lounge,  which  was 
]  between  the  windows;  he  got  out  of  the  foot 
of  the  bed;  he  appeared  as  if  he  was  going  to 
pitch  over,  and  1  ran  with  a  pillow,  and  by  the 
time  1m  got  to  the  lounge,  put  it  under  him; 
lie  appeared  so  weak  that  1  fanned  him  awhile; 
1  went  down  stairs,  after  fanning  him  awhile, 
and  found  Mrs.  Wharton  iu  the  back  room  of 
!  the  second  story,  sitting  in  a  chair  and  read¬ 
ing;  1  asked  Mrs.  Wharton  if  she  would  go  up 
to  see  General  Ketchum,  for  he  appeared  so 
feeble  that  he  was  hardly  able  to  walk  across 
the  room;  she  went  up  stairs  to  him;  I  went 
then  to  the  kitchen;  in  a  few  minutes  Mrs. 
Wharton  rang  the  bell,  and  I  went  up  to  her: 
when  I  got  up  stairs  she  asked  me  if  I  would 
:  make  up  the  bed,  for  she  wanted  the  General 
to  lie  down,  and  he  had  said  he  could  not  lie 
'  on  that  bed.  because  his  feet  were  up  and  his 
head  was  down:  she  told  me  to  go  down  stairs 
and  bring  up  the  feather  bolster  which  was 
on  Miss  Nellie’s  bed;  I  brought  it  up;  Mrs. 
Wharton  was  sitting  by  the  side  of  the  Gen¬ 
eral,  aud  fanning  him;  1  went  ou  to  make  up 
the  bed;  I  took  off’  the  cover,  and  had  started 
|  to  take  off  the  bolster,  when  the  General 


THE  WHA R TON-KETCHUM  TRIAL. 


73 


spoke  to  me;  I  did  not  understand  what  be 
said,  and  I  asked  him  what  he  had  said:  he 
spoke  again,  quite  stern] y,  to  me;  I  looked 
around  to  see  what  it  was,  and  picked  up  ilie 
tumbler,  which  was  the  only  thing  I  saw  at 
the  head  of  the  bed;  cracked  ice  was 
in  the  tumbler;  it  was  between  the 
bolster  and  the  head-board;  it  was  wrapped 
up  in  a  couple  of  towels;  I  put  the  tum¬ 
bler  on  the  mantel-piece;  I  then  took  hold  of 
the  bolster  to  take  it  off,  and  as  I  took  it  oft  a 
little  vial  rolled  down  into  the  bed  from  about 
where  the  tumbler  had  been;  I  picked  it  up 
and  laid  it  down  on  the  floor  by  my  side;  I  went 
on  and  made  the  bed  up;  the  General  did  not 
go  to  bed  while  I  was  there;  after  I  had  made 
up  the  bed  Mrs.  Wharton  left  the  room;  I  re¬ 
mained  a  few  minutes  and  asked  the  General 
if  he  would  get  in  the  bed,  and  he  said  he 
would;  he  went  to  sleep  and  did  not  get 
what  he  had  ordered  for  dinner;  I 
saw  him  _  several  times  that  evening; 
he  was-  “kind  of  sleepv”  the  whole  time; 
Mrs.  Wharton  went  out  driving  with  Colonel 
Loney  on  that  evening;  I  saw  the  General 
quite  often  while  she  was  absent;  he  was  still 
drowsy;  I  found  no  vomit  in  the  slop-jar  on 
Tuesday  night;  in  ’the  morning  he  breathed 
very  heavily,  hut  after  dark  he  did  not 
breathe  so  heavily;  I  now  refer  to  Tuesday;  I 
came  down  and  left  the  vial  up  stairs;  I  saw 
Mrs.  Wharton  after  that  and  told  her  what  I 
had  found;  I  told  her  about  it  before  she  went 
out  riding;  she  asked  me  if  I  had  brought  the 
vial  down  with  me,  and  I  told  her  I  had  left  it 
up  stairs  aud  had  forgotten  it;  I  told  her  I 
would  bring  it  down  when  I  went  up  again; 
when  I  brought  it  dowu  she  had  gone  out 
riding;  I  took  care  of  the  bottle  until 
she  returned;  I  was  '  standing  iu  the 
entry,  and  when  she  came  iu  the 
door,  I  threw  my  finger  up  to  her  so  (here  the 
beckoning  motion);  she  came  to  me  and  1 
showed  her  the  bottle;  she  looked  at  it  and 
we  saw  what  was  in  it;  she  told  me  to  put  it 
away  aud  take  care  of  it;  I  then  put  it  away; 
I  showed  the  bottle  to  Ellen  Deddrick  while 
Mrs.  Wharton  was  out  riding,  and  I  told 
her  where  I  had  found  it;  I  did  not  speak  to 
Mrs.  Wharton  again  about  the  bottle  until 
Wednesday  morning;  she  came  to  me,  asked 
me  to  give  her  the  bottle,  and  I  gave  it.  to  her; 
she  sent  me  for  Dr.  Williams  on  Wednes¬ 
day  morning,  about  8  o’clock,  i  think;  I 
saw  him  at  the  door  of  his  office;  he 
did  not  return  with  me;  I  told  him  the 
General  was  quite  bad  and  quite  drowsy, 
and  that  Mrs.  Wharton  wished  him  to 
see  him;  I  saw  here  the  bottle  shown  by  Dr. 
Williams;  to  my  knowledge  I  never  saw  it  be¬ 
fore  I  found  it  iu  General  K.’sbed;  right  smart 
of  people  were  about  Mrs.  Wharton’s  house 
while  General  K.  was  sick  there;  I  had  taken 
the  tpcilde.r  of  cracked  ice  to  General  K.;  I 
saw  no  vomit  in  any  place  iu  General  K.’s 
room;  I  liad  seen  General  K.  quite  often  before 
at  Mrs.  Wharton’s;  I  saw  him  take  some  medi¬ 
cine  on  one  of  his  previous  visits  last  summer; 
I  was  in  the  diningroom  putting  away  the 
silver,  and  he  was  at  the  mantel-piece  with  his 
medicine;  I  asked  him  if  he  would  have  a 
spoon,  and  he  said  he  didn’t  want  any 
spoon;  he  then  said  he  generally  drank 


out  what  he  thought  was  enough 
for  a  dose;  1  did  not  know  what  the 
medicine  was;  the  food  I  took  to  General 
Ketchnm  had  beeu  cooked  and  prepared  by 
me;  nothing  was  kept  locked  in  the  house  ex¬ 
cept  one  drawer  in  Miss  Nellie’s  bureau,  where 
she  kept  her  jewelry,  aud  one  side  of  the  side 
hoard  where  the  silver  was  kept,  and  to 
which  I  had  the  kev. 

Cross-examined  by  Attorney  General 
Syester — I  now  live  at  263  Eutaw  street,  Mrs. 
Wharton’s  late  residence,  and  am  taking  care 
of  it  for  her;  about  halt  of  the  ice  hail  been 
used  from  the  tumbler,  but  I  cannot  say  how 
much  water  was  in  the  tumbler;  about  two 
hours  after  I  took  up  the  tumbler 
I  went  up  to  make  up  his  bed;  I  had 
wrapped  it  with  a  tea  towel,  and  when  I 
took  it  to  him  he  wrapped  another  towel 
around  it;  he  then  put  the  tumbler  between 
the  bolster  and  the  head  of  the  bed;  I  did 
not  see  where  the1  bottle  was  sitting;  hut 
it  rolled  down  about,  where  the  tumbler  was 
sitting;  I  did  not  look  under  the  bolster  when 
I  took  the  tumbler  away,  and  did  not  see  the 
vial;  it  rolled  right  straight  down  into  the 
middle  of  the  bed  aud  I  picked  it  up;  the  Gen¬ 
eral  took  breakfast  in  bed  on  Monday  morn¬ 
ing,  and  I  took  him  four  very  little  thin  slices  of 
the  beef;  he  had  eaten, when  I  went  back, three 
slices  of  beef,  two  slices  of  the  toast,  (eating 
the  crumb  out),  and  had  drank  a  cup  of  tea; 
I  took  him  for  dinner  on  Monday  iive  slices  of 
roast  beef,  aud  he  left  two  slices;  I  also  took 
him  toast.;  lie  ate  one  slice,  taking  out  all  and 
leaving  the  crust;  I  did  not  take  him  any  tea; 
he  ate  his  dinner  in  bed;  1  took  him  breakfast 
on  Tuesday  morning;  I  heard  him  say  to  Mrs. 
Chubb  that  he  would  come  on  the  next  train; 
on  Tuesday  morning  1  took  him  three  slices 
of  beef,  two  slices  of  toast  and  a  cup  of  tea; 
he  ate  only  the  toast.,  and  drank  the  cup  of 
tea;  I  found  no  vomit  on  Tuesday  and  none 
on  Wednesday  morning;  I  went  in  his  room 
just  before  8  o’clock  on  Wednesday;  he  was 
lying  on  the  lounge,  and  1  e  was  dressed;  the 
cover  on  the  bed  was  just  as  I  left  it  op  the 
previous  evening;  he  did  not  ask  for 
breakfast  on  Wednesday  morning,  and 
I  did  not  take  him  any;  he  took 
breakfast  in  bed  on  Monday  and  Tuesday 
mornings;  it  was  Tuesday  morning  when  he 
went  to  the  lounge  and  laid  his  head  on  his 
hand;  he  dressed  himself  on  Tuesday  morn¬ 
ing;  that  was  about  two  hours  after  Mrs. 
Chubb  left;  Gen.  Ketehum  looked  feeble,  aud 
I  judge  also  from  the  way  in  which  he  sat 
dowu;  when  I  waked  him  on  Tuesday  morn¬ 
ing  he  seemed  quite  drowsy;  he  was  suoring 
very  heavily  when  I  entered  his  room;  I  don’t 
know  what  made  him  drowsy,  but  I  had  to 
wake  him  up  every  time  I  went  into, his  room 
on  Tuesday;  I  did  not  have  to  shake  him,  hut 
only  to  call  him;  he  did  not  say  he  was  sick;  I 
gave  him  his  breakfast,  and  it  was  after  that 
time  that  he  told  me  to  let  him  aione  and 
he  would  soon  sleep  it  ofl;  he  did  not  say 
what  it  was  he  was  going  to  sleep  oft; 
he  did  not  say  what  had  become  of 
the  medicine  the  doctor  had  left;  he  said 
he  had  taken  one  dose  of  his  own  medicine, 
and  he  knew  that  was  sufficient;  he  did  not 
take  any  dinner  on  Tuesday,  but  I  asked  him 


74 


THE  WHARTON-KETCHUM  TRIAL. 


■what  lie  would  Lave,  and  be  said  he  would 
take  two  slices  of  toast  and  tea;  I  went  up 
with  it,  but  he  was  asleep  and  I  did  not  dis¬ 
turb  him:  I  went  up  quite  often,  because  I 
was  waiting  on  him;  1  saw  the  General  on 
Tuesday  about  mid-day,  but  did  not  see  him 
ud  Tuesday  afternoon;  Mrs.  Wharton  was  not 
in  the  room  when  I  put,  the  pillow  under  the 
General’s  arm.  (The  witness  here  repeated  her 
account  of  notifying  Mrs.  Wharton  and  send¬ 
ing  her  to  General  Ketchnm;  also  her  direc¬ 
tions  about  the  making  up  of  Gen.  Ivetchum’s 
bed.)  The  witness  then  continued— It  was  a 
little  afterS  o’clock  that  Mrs.  Wharton  gave 
General  Ketchum  the  pillow;  she  took  it 
from  under  his  arm,  where  I  had  placed  it,  and 
put  it  at  the  foot  of  the  lounge;  the  General 
then  laid  down,  and  Mrs.  Wharton  sat  by  his 
side  and  fanned  him:  I  did  not  understand 
what  the  Geueral  said  to  me,  and  I  know  now 
that  I  shall  never  know:  I  did  not  understand 
him  when  he  spoke  the  second  time;  I  laid  the 
vial  down  on  the  carpet  on  the  floor,  and  in  a 
corner;  I  thought  it  was  just  as  cheap  to  put 
it  there  as  anywhere  else;  I  saw  that,  it  had 
only  one  or  two  drops  in  it:  Mrs.  Wharton  was 
in  the  room  when  the  vial  rolled  down;  Gen¬ 
eral  Ketchum  did  not  go  to  bed  at  tl^rt t  time, 
but  told  me  he  would  go;  I  went  up  frequently 
to  General  Ketcbnm’s  room  while  Mrs.  Whar¬ 
ton  was  out  riding;  every  time  I  thought  of 
him  I  went  up  to  see  him.  and  I  thought  of 
him  very  often:  the  General  breathed  heavily 
until  1  or  2  o’clock  on  Tuesday,  but  when  I 
went  up  at  3  o’clock  he  was  breathing freeer; 
I  thought  then  that  he  was  quite  feeble;  I 
havn’t,  often  found  vials  in  the  beds  of  gen¬ 
tlemen,  and  I  am  old  enough  to  know  it  was 
not  there  for  any  good;  I  smelled  the  bottle, 
and  it  smelled  like  laudanum  to  me;  I  told 
Mrs.  Wharton  that  it  smelled  like  laudanum; 
I  dont  think  I  told  her  that  but  once;  I  had 
not  touched  the  stonper  when  I  first  told  Mrs. 
Wharton  about  the  bottle;  Geueral  Ketchum 
did  not  tell  me  what  kind  of  medicine  he  had 
been  taking;  Mrs.  Wharton  told  me  to  take 
care  of  the  bottle,  and  I  did  not  think  it 
worth  while  to  take  it  back  to  General 
Ketchum,  because  ho  was  asleep;  I  can’t 
say  at  what  time  it  was  that  I  saw  General  K. 
taking  medicine  in  the  dining  room;  I  don’t 
know  the  month,  but  I  know  it  was  warm;  I 
can’t  say  how  many  weeks  it  was  before  Gen¬ 
eral  K.’s  death;  the  General  took  a  vial  from 
the  mantel,  and  I  offered  him  a  spoon  before 
he  took  his  medicine;  that  was  ou  a  Sunday 
morning,  and  he  had  come  ou  the  Saturday 
before;  I  spoke  about  seeing  the  General  tak¬ 
ing  his  medicine  iu  that  way;  I  thought  it  was 
a  peculiar  way  of  taking  medicine;  I  did  not 
notice  the  color  of  the  medicine;  I  didn’t  look 
to  see  the  color:  I  can’t  say  whether  it  was  be¬ 
fore  or  after  the  mouth  of  April;  I  can’t  say 
either  that  it  was  before  or  after  the 
month  of  March;  I  only  know  it  was  one 
time  he  was  there,  and  iu  the  same  year; 
some  of  the  people  in  Mrs.  Wharton’s  house 
were  strangers;  I  can  give  the  names  of  Mrs. 
Van  Ness.  Mrs.  Loney,  Mrs.  Hutton,  old  Mrs. 
Van  Ness,  Mr.  Suowden,  Mrs.  Snowden,  Col. 
Loney,  an  old  nurse,  a  baby,  and  Mr.  Hutton; 
some  gentlemen  came  whose  names  I  don’t, 
know;  I  saw  old  Mrs.  Van  Ness  there;  I  did 


not  meet  her  on  the  lauding  near  General 
Ketchum’s  room;  she  came  to  the  kitchen 
and  asked  to  go  to  General  Ketchum  s 
room:  I  had  no  conversation  with  her  on 
the  steps;  Mrs.  Loney  came  to  the  kitchen 
with  her  mother  and  asked  if  any  one 
was  with  the  General;  I  told  her  no  one 
was  with  him:  she  said  her  mother 
would  go  up  and  sit  with  him;  I  told 
her  I  would  advise  her  mother  not  to  go,  as 
the  General  was  a  queer  man,  and  he  would 
not  like  to  find,  when  he  waked  up,  any  lady 
in  his  room;  Mrs.  Loney  and  her  mother  gave 
no  reason  for  wanting  to  go  into  General  K.’s 
room;  they  did  not  say  that  the  General  was 
vomiting  and  should  be  attended  to;  I  did 
not  think  he  wanted  me  in  his  room:  he  had 
not  told  mo  that  he  did  not;  I  had  always 
waited  upon  him  and  I  knew  he  was  queer 
and  wonld.  not  like  to  find  a  lady  sitting  up 
in  his  room;  I  didn’tt.hink  be  would  want  any¬ 
body  but  me  to  come  up  and  attend  to  him: 
I  was  afraid  the  General  would  ask  me  why  I 
had  sent  a  lady  into  his  room;  I  had  a 
conversation  with  Marshal  Frev  at  bis 
office;  he  asked  me  if  General  K.,  was  taken 
the  same  way  Mr.  Van  Ness  was,  and  I  told 
him  no,  and  that  the  Geueral  had  kind  of 
slept;  I  did  not  tell  Marshall  Frey  what  I  had 
taken  General  K.,  at  his  meals;  he  did  not  ask 
me  anything  about  General  K. 

Mr  Steele  here  objected  to  the  conversation 
between  Marshal  Frey  and  the  witness  beiug 
given,  and  said  if  was  not  evidence. 

The  Court  decided  that  the  conversation 
could  be  given  as  laying  the  foundation  for 
the  offer  of  rebutting  testimony. 

Mr.  Syester— “We  will  see  about  that  after 
a  while  ” 

The  witness  continued — I  did  not  tell  Mar¬ 
shal  Frey  anything  about  the  vial;  I  took 
General  K.  a  cup  of  tea  and  a  slice  of  toast  on 
Monday  evening,  after  I  had  sent  my  tea  in: 
General  K.  theu  sat  upon  the  side  of  the  bed 
aud  took  his  tea;  I  moved  a  table  up  to  him 
as  he  sat  on  the  side  of  the  bed:  I  can’t  give 
any  idea  of  the  hour;  there  was  no  vomit  in 
the  room  at  that  time;  Dr.  Williams  came  be¬ 
fore.  I  took  up  his  supper;  I  was  confused  on 
yesterday  when  I  first  came  on  the  witness 
stand;  after  Dr.  Williams  got  there,  I  found 
vomit  there  in  the  evening  soihe  time  before 
I  took  tea  up;  I  made  a  mistake  yesterday 
about  1  and  2  o’clock;  it  was  not 
on  Monday  between  1  and  2  o’clock, 
but  it  was  after  Dr.  Williams  came; 
I  saw  Mrs.  Wharton  at  the  dinner  table  before 
she  went  out  riding;  I  told  Ellen  yesterday 
of  the  mistake  I  had  made,  and  I  thought  if 
you  would  allow  me  the  privilege  I  would 
'speak  it  over  right:  I  still  live  in  Mrs. 
Wharton’s  house;  I  don’t  ask  about  my  pay;  I 
have  not  received  any  wages:  I  make  my  liv-' 
ing  by  washing  aud  sewing;  I  am  not  married 
now,  but  have  been. 

Colonel  George  Andrews  was  next  called, 
and  testified — I  am  a  Lieutenant  Colonel  in 
the  army,  on  the  retired  list;  I  graduated  on 
the  first  of  July,  1823,  and  was  retired  on  the 
15th  of  February,  1862:  I  knew  General 
Ketchum  asaCaptainintheSixth  Infantry, in 
1857  and  1858;  he  was  under  my  command;  it 
was  during  the  Kansas  difficulties;  General 


THE  WHARTON- KETCHUM  TRIAL. 


75 


Ketchum  was  put  in  command  of  one  of  the 
5omp, anies  of  my  command,  and  in  April,  1858 
[  saw  him  when  he  was  thrown  from  a  horse: 
he  first  I  saw  was  the  horse  plunging,  and 
letchum  wras  thrown  off  on  the  left  hand 
;ide,  and  apparently  struck  ou  his 
lead  and  shoulder;  he  was  un- 
ler  treatment  for  about  two  weeks,  but  I 
lever  inquired  particularly  about  his  injuries; 
Dr.  Milpao  attended  him,  and  is  still  in  the 
truly;  I  moved  on  the  7th  of  May  three  hun- 
Ired  miles — to  Fort  Kearney,  and  thence  to 
Tort  Bridget’,  in  Utah,  in  all  2,240  miles;  Cap- 
ain  Ketchum  went  but  a  few  marches,  and 
isked  permission  to  drive  his  ambulance,  and 
tssigned  as  a  reason  that  he  did  not  have 
onfidence  in  his  driver;  I  granted  the  favor 
because  of  his  recent  sickness;  whenever  I 
sbed  him  how  he  was  he  would  say  he  was 
veil  with  the  exception  of  a  little  heat  in  his 
lead;  I  can’t  say  whether  or  not 
;e  was  on  the  sick  list  during  that 
ime;  we  were  in  camp  near  Fort  Leaven- 
rorth;  I  suppose  General  K.,  was  nearly  six 
eet  in  height:  he  was  not  an  active  man;  be 
ras  a  bad  rider,  and  I  don’t  think  a  good 
aareher:  he  was  neither  stout  nor  thin;  his 
igure  did  not  indicate  strength  or  activity. 

To  Mr.  Syester — He  was  what  we  of  West 
’oint  would  say,  “well  set  up.” 

To  Mr.  Revell— I  suppose  it  was  two  weeks, 
lore  or  less,  before  he  reported  for  duty  after 
is  fall;  I  never  served  with  General  K.,  after 
hat:  I  think  I  saw  him  in  1860;  I  saw  him  hut 
moment;  he  made  no  complaint  then  of  his 
ead;  he  was  then  married:  I  reached  my  des- 
ination  on  the  14tli  of  December,  1858. 

To  Mr.  Hagner — If  he  had  given  his  sick- 
pess  as  a  reason  for  wishing  to  drive  the 
mbulance,  that  would  have  deprived  him 
imporarily  of  the  command  of  his  company. 
Miss  Nellie  Wharton  now  took  the  witness 
i  ;and,  and,  after  removing  her  veil,  testified— 
was  at  home  on  ly  about  an  hour  and  a-half 
efore  General  K.  died;  I  had  left  home  the 
hursday  previous;  I  had  been  away  before,  at 
ir.  Hamilton  Stump’s,  in  Baltimore  county, 
ad  had  returned  the  previous  Tuesday;  I  had 
aen  at  Mr.  Stump’s  nearly  a  week,  I  think; 
carried  to  Mr.  Stump’s  a  bottle  of  paregoric, 
hich  I  took  from  home;  I  gave  it  to  Mrs. 
ost,  at  Mr.  Stump’s,  when  I  came  away:  it 
id  been  kept  in  the  washstand  in  my 
other’s  room,  and  I  got  it  from  that  wash- 
aud;  my  room  was  the  back  room  on  the 
cond-story,  and  my  mother’s  room  was  the 
oht  room  on  the  same  floor;  there  was  neither 
oset  nor  wardrobe  in  my  mother’s  room,  and 
le  used  a  wardrobe  in  the  third-story;  in  my 
om  there  wasa  closet  and  a  wardrobe;  noth- 
g  was  kept  locked  except  one  drawer  of  my 
ireau  where  I  kept  my  jewelry,  and  one  side 
the  side-board  to  which  Susan  kept  the  key; 
lien  had  access  to  all  the  places  which  were 
leu;  she  generally  put  away  ourclothes;  we 
ways  kept  the  medicines  in  the  washstand; 
was  never  kept  locked,  and  was  used  also 
put  slippers  iu;  there  was  not  there  ordi- 
irily  very  much  medicine;  I  went  to 
constantly.  [The  vial  shown  by  Dr.  Wil- 
ims  was  now  shown  the  witness.  J 
le  continued — I  am  positive  that  I 
d  never  seen  this  vial  in  our  house  before  it 

I 


was  shown  me  after  General  K.’s  death;  when 
I  reached  home,  after  Geueral  K.’s  death,  I 
found  my  mother  very  much  exhausted;  my 
mother  had  written  for  me  to  come  home;  I 
was  then  at  Mr.  Neilson’s,  in  Harford  county; 
there  was  no  male  friend  in  our  house  when 
I  reached  home,  and  I  went  for  Mr.  Crawford 
Neilson;  mother  and  I  talked  about  Mr.  Neil- 
son,  and  we  agreed  that  it  was  best  to  go  for 
him;  I  took  a  carriage  and  went  for 
him;  I  reached  the  house  ou  my  return  just  as 
General  K  died;  both  at  Mr.  Neilson’s  and 
Mr.  Stump’s  I  have  intimate  young  lady 
friends,  and  I  was  making  them  farewell 
visits  before  going  to  Europe;  my  mother  and 
I  had  determined  nearly  a  year  previous  to 
go  to  Europe  iu  the  month  of  last  June;  as 
far  hack  as  the  October  previous  I  had  spoken 
of  our  intention  of  leaving  for  Europe  at  that 
time;  I  mentioned  it  to  Mr.  Her¬ 
mann  Stump;  tickets  were  purchased 
in  March  iu  New  York  by  my  mother 
to  go  in  June;  I  went  with  my 
mother  to  purchase  them;  our  intention  of 
going  in  June  was  changed  late  in  May,  be¬ 
cause  of  my  sickness;  the  tickets  had  been 
bought  for  the  7th  of  June,  and  the  day  was 
changed  to  the  12th  of  July;  I  was  quite  sick 
in  May;  my  mother  also,  at  that  time,  was  not 
very  well;  I  know  that  efforts  had  been  made 
by  my  mother  to  lease  out  her  house  prepara¬ 
tory  to  her  European  trip;  I  had  at  that  time 
$15,000,  iu  United  States  bonds,  in  my  own 
money. 

Mr.  Revell  objected  to  the  offer  of  testimony 
as  to  Miss  Wharton’s  money. 

Mr.  Steele — “Well,  you  have  said  Mrs. 
Wharton  wms  running  away  from  justice,  and 
wo  offer  the  testimony  for  what  it  is  worth.” 

Mr.  Revell  said  if  this  was  persisted  iu  it 
could  probably  be  shown  that  a  number  of 
Mrs.  Wharton’s  relatives  had  $10,000  or 
$15,000. 

After  some  further  desultory  discussion, [the 
Court  decided  that  the  testimony  was  admis- 
bl®,  and  the  witness  continued — 1  was  the 
sole  owner  of  the  $15,000  in  bonds,  and  could 
do  with  them  as  I  pleased;  I  was  with  my 
mother  all  the  time  after  I  reached  home;  I 
was  not  away  from  her  more  than  live  min¬ 
utes  at  a  time;  generally  when  I  wasaway  one 
of  the  Misses  Mayer  remained  with  her; 
I  was  in  my  room  with  Miss  Mayer,  and  Mrs. 
Hutton  came  in  and  asked  where  my  mother 
was;  I  asked  her  what  she  wanted,  and  if 
I  could  do  it  for  her,  my  mother  not  be¬ 
ing  in  the  room;  she  said  she  had  brought 
General  Ketchum’s  watch,  pocket-book,  keys, 
knife  and  matchbox;  she  said  he  wished  to 
give  them  to  my  mother  to  lock  up;  I  told  her 
to  give  them  to  me,  and  I  would  lock  them  up 
in  my  drawer;  I  then  took  them,  put 
them  in  my  drawer,  and  locked  them 
up;  I  always  kept  the  key  to  that 
drawer;  I  kept  them  until  Mr.  Charles 
Ketchum  came  over  on  the  4th  of  July; 
I  did  not  see  him  until  dinner  time,  but  my 
mother,  after  talking  with  him  a  while,  let 
him  go  up  stairs;  my  mother  came  into  my 
room,  and  I  unlocked  my  drawer,  took  out 
what  Mrs.  Hutton  had  given  me,  and  gave 
them  to  her;  I  heard  her  as  she  went  up  stairs, 
and  I  heard  her  go  into  the  front  room  into 


4 


76  TEE  WHARTON-KETCHUM  TRIAL. 


which  Mr.  Chas.  Ketchum  had  gone;  the  key 
of  the  valise  was  among  the  things  I  gave 
my  mother;  I  don’t  recollect  distinctly,  hut 
I  "think  Mrs.  Hutton  gave  me  the  key 
to  the  valise  after  giving  me  the  other 
things,  and  on  the  same  evening; 
I  did  not  give  the  key  of  the  valise  to  my 
mother;  she  did  not  have  the  keys  until  I  gave 
them  to  her  on  the  day  Mr.  Charles  Ketchum 
came;  General  Ketchum  was  in  the  habit  of 
paying  frequent  visits  to  our  house;  he  came 
several  times  in  the  year;  I  am  certain  of  his 
being  at  our  house  three  or  four  times  a  year 
Mrs.  Chubb  came  also  frequently;  sometimes 
she  would  come  up  several  Saturdays  in  sue 
cession,  and  spend  Sunday;  I  think  she  aver¬ 
aged  a  visit  a  month;  I  weut  both  to  my  ward¬ 
robe  and  my  closet  almost  immediately  after 
my  return  at  the  time  of  General  Ketch  urn’s 
death;  very  few  things  were  in  them;  I  had  left 
my  trunk  at  Mr  Neilson’s  and  most  of  my 
things  were  in  it;  the  winter  things  had  been 
packed  up;  I  wished  to  change  my  dress,  as  1 
had  been  travelling  and  was  very  dusty;  I 
saw  no  vest  in  either  the  closet  or  wardrobe; 
I  found  a  pair  of  Mr.  Van  Ness’  pants  hanging 
in  my  wardrobe:  Mrs.  Van  Ness  said  she  had 
put  them  there;  if  a  vest  had  been  in  the 
wardrobe  I  would  certainly  have  seen  it;  a 
great  many  persons  were  about  the  house 
at  the  time  I  arrived;  old  Mrs.  Van 
Ness,  Mrs.  Van  Ness,  Mrs.  Hutton, 
Mrs  Loney,  Mrs.  Frick,  Miss  Sophie  Frick, 
Mrs.  Snowden,  and  an  old  nurse  and  a  baby 
were  there;  the  doors  of  the  dining  room  and 
parlor  were  kept  open  all  the  time  after  I  ar¬ 
rived;  my  mother  had  not  been  very  strong 
for  some  time. 

To  Mr.  Hagner — I  left  my  trunk  at  Mr.  Neil 
son’s;  I  had  intended  staying,  hut  was  recalled 
by  the  letter  from  my  mother;  I  tele¬ 
graphed  Mrs.  Chubb  to  come  from  Washing¬ 
ton:  I  wished  her  to  come  in  consequence  of  a 
telegram  she  had  sent  the  day  before. 

Mr.  Syester  here  objected  to  the  contents  of 
the  telegram  being  given,  and.  after  some  de¬ 
sultory  remarks,  Mr.  Steele  said  he  would  ask 
the  witness  her  motive  in  sending  the  tele¬ 
gram. 

Miss  Wharton  then  continued— It  was  about 
the  beginning,  you  know,  and  I  wanted  Mrs. 
Chubb  to  come  up;  my  telegram  was  in  reply 
to  one  from  Mrs.  Chubb;  I  did  not  originate 
the  interchange  of  telegraphic  communica¬ 
tion. 

Mr.  Syester— Gentlemen, we  havenot  stopped 
the  witness:  let  her  go  on  and  say  what  was 
in  the  telegram. 

Mr.  Steele— No.  I  stopped  her;  I  take  the 
responsibility,  if  there  is  any,  for  obvious 
reasons,  which  you  would  have  seen  if 
you  had  been  looking  at  Miss  Nellie;  I  saw 
that  her  feelings  were  about  to  overcome 
her. 

Cross-examined  by  Mr.  Syester— The  prop 
erty  my  mother  desired  to  lease  was  her 
house  and  furniture,  at  2f>3  North  Eutaw 
street;  she  had  offered  it  to  Mr.  Webster  Wil¬ 
son:  the  house  and  fnrurtnre  were  advertised 
for  rent;  I  don’t  remember  the  mouth  in 
which  the  advertisement  was  put  in,  but  it 
was  last  spring:  the  house  belonged  to  Mr. 
Latimer;  I  am  not  positive,  but  I  think  my 


mother  leased  the  house  for  fifteen  or  eigbtee 
months;  we  had  lived  in  the  nouse  for  thre 
years,  and  had  renewed  the  lease  for  tw 
years;  the  advertisements  also  offered  tb 
furniture  for  rent;  the  keys  remained  in  m 
drawer  until  about  6  P.  M.  of  the  da 
General  Ketchum  died,  when  Mrs.  Hutto 
came  for  them;  I  think  it  was  Mrs.  Hutto 
who  brought  the  keys  back  to  me;  I  do  nc 
recollect  what  time  last  spring  it  was  tb: 
General  Ketchum  was  at  our  house;  I  was  nc 
at  home  when  he  was  there;  I  was  away  froi 
home  a  great  deal  last  spring. 

Miss  Wharton  was  now  released,  and  r< 
suming  her  seat  by  the  side  of  her  mother  sb 
again  drew  down  her  veil.  There  was  quite 
stir  when  she  arose  to  proceed  to  the  witnes 
stand,  and  when  she  raised  her  veil  the  spec 
tators  manifested  a  desire  to  observe  be 
closely.  She  gave  her  testimony  in  an  exceet 
ingly  quiet  and  lady-like  manner. 

Miss  Nellie  Mayer  next  testified — I  am 
daughter  of  Colonel  Brantz  Mayer,  of  Balt 
more;  I  have  known  Mrs.  Wharton  for  abon 
eight  years;  I  went  almost  daily  to  her  houst 
i  visited  the  house  every  day  during  Genera 
Ketchum’s  sickness,  and  two  days.  I  think, 
was  there  twice;  I  found  the  trou  t,  door  alway 
open,  and  I  do  not  remember  having  to  rin 
the  bell;  always  a  great  many  peisonswer 
there:  I  saw  there  Mr.  and  Mrs.  Hutton,  M. 
Van  Ness’  mother,  Mrs.  George:  Frick,  Mr: 
Charles  Frick,  Mr.  and  Mrs.  Snowden,  Mi 
Tom  Sargent,  Mr.  George  Sargent,  Mrt 
Van  Ness’  nurse  and  two  children 
Mr.  and  Mrs.  Henry  Loney,  Mr.  Got 
ham  Moale  and  Mr.  McAvoy,  Mrs.SChnbb  an 
Mrs.  Wharton’s  two  servants;  during  the  tin) 
I  was  there,  while  General  K.  was  sick  in  th 
house,  a  great  many  persons  were  coming  i' 
and  out;  I  had  seen  General  K.  frequently  be 
fore  at  Mrs.  Wharton’s;  I  had  seen  him  prevj 
ously  during  the  present  year;  1  had  a  convei 
sation  with  him  about  his  taking  medicine 
and  he  said  he  drank  his  medicine  from  I 
bottle;  he  said  he  did  not  see  tho  use  of  hav 
ing  a  teaspoon,  as  all  teaspoons  were  not  cj 
the  same  size;  that  occurred  duriu 
Lent;  we  were  going  to  churc 

and  I  was  talking  with  him:  I  sai 
General  Ketchum  at  Mrs.  Wharton’s  on  Sin 
day  night,  June  2o;  I  don’t  remember  h 
dress;  it  did  not  make  any  impression  upo 
me:  I  have  been  intimate  with  Mrs.  Wharto 
and  her  family  for  six  years;  at  one  time 
lived  within  one  square  of  her  house;  she  w: 
always  considered  very  amiable,  very  char 
table",  and  very  hospitable  iudeed. 

To  Mr.  Svest.er — The  doors  were  kept  opd 
only  while  General  Ketchum  aud  Mr.  Val 
Ness  lay  sick  in  Mrs.  Wharton’s  house;  I  head 
several  times  in  Baltimore  that  Gener: 
Ketchum  drank  medicine  from  a  bottle,  In 
I  don’t  remember  where  I  heard  or  from  who 
I  heard  it;  General  Ketchum  did  not.  tell  n 
why  he  was  taking  medicine  or  who  pr 
scribed  it  for  him;  I  do  not  reiner 
her  seeing  him  taking  medicine;  he  did  n< 
say  that  he  had  his  medicine  with  him;  v 
were  on  the  street  at  the  time;  I  don’t  reuiey 
her  whether  he  said  bottle  or  vial:  I  saw  hi 
between  !)  and  10  Sunday  night,  at  Mr 
Wharton’s;  Mrs.  Chubb,  Mrs.  Wharton,  an 


TEE  WEARTON-KETCEUM  TRIAL. 


Mr.  Lewis  Mayer  were  also  present;  I  don’t 
remember  hearing  General  K.  complain  when 
[  went  to  church  with  him  and  had  the  con¬ 
versation  about  the  medicine,  which  way  he 
preferred  to  take  his  medicine. 

To  Mr.  Revell — The  next  time  I  saw  General 
Ketchum  he  was  in  a  carriage  in  Washing- 
son,  and  I  did  not  speak  to  him;  I  can’t 
remember  when  Lent, commenced  last  winter; 
[  think  I  had  the  conversation  with  General 
Ketchum  about  his  medicine  about  the  latter 
part  of  Lent;  Lent  lasts  forty  days;  I  may  have 
leen  General  Ketchum  at  Mrs.  Wharton’s  be¬ 
tween  the  time  I  had  the  conversation  with 
aim  about  his  medicine  and  last  June,  hut  I 
lon’t  remember;  I  don’t  remember  how  long  I 
rad  heard  about  his  taking  medicine  from  a 
>ottle  before  my  conversation  with  him  about 
t;  I  think  it  was  at  least  a  month  previous;  I 
iommenced  the  conversation  by  telling  him  I 
lad  beard  he  took  medicine  that  way,  and 
hat  I  thought  it  was  very  imprudent. 

Miss  Mayer  was  here  allowed  to  leave  the  wit¬ 
less  stand,  and  took  a  seat  by  Miss  Wharton. 

The  Court,  after  ordering  the  audience  to 
eave  the  court  room  without  delay,  that 
he  jury  might  be  retired,  adjourned  until  10 
,1.  M.  to-morrow.  The  court  room  was  crowded 
to-day  during  the  entire  proceedings,  and 
uuch  interest  was  manifested. 

Among  the  Baltimoreans  present  to-day 
vere  Archibald  Stirling,  Jr.,  United  States 
listrict  Attorney;  Andrew  J.  George,  Clerk 
f  the  City  Court  of  Baltimore;  Colonel  M.  S. 
less,  President  of  the  Concordia  Society; 
'rofessor  Aikin  and  George  C.  Maund,  Esq. 
laptain  Waddell,  famous  as  a  Confederate 
ruiser,  was  also  present  to-day. 


The  weight  of  the  precipitate  obtained  hy 
'rofessor  Tonrv  from  l-16th  of  the  solution  was 
i  025  expressed  iu  fractions  of  a  gramme.  This 
muld  be  equal  to  about  6-10ths  of  a  grain  of 
irtar  emetic  from  the  w’hole  solutiou. 


TWENTY-FIRST  0A¥. 

Annapolis,  December  29, 1871. 

The  testimony  for  the  defence in  the  Wbarton- 
ietebum  trial  promises  to  be  fully  as  tedious  as 
as  the  greater  part  of  that  given  bv  the 
fate.  It  is  understood  that  Mrs.  Wharton’s 
ealth  is  too  feeble  to  admit  of  afternoon  ses- 
ons  of  the  Court,  and  the  list  of  her  wit- 
esses  is  very  lengthy,  a  large  number  of 
bom  will  testify  to  her  character  and  reputa- 
on.  Interest  iu  the  trial  continues  unabated. 
Miss  Jennie  Mayer  was  lirst  called  and  tes- 
fied — I  am  the  daughter  of  Colonel  Brantz 
layer;  I  have  known  Mrs.  Wharton  very  inti- 
lately  for  five  or  six  years;  I  was  at  Mrs. 
^barton’s  on  the  day  General  K.  died;  I  went 
Mere  about  half  past  2  o’clock;  I  went  down 
ie  street  with  Miss  Nellie  for  Mr.  Neilson 
>ad  came  back,  arriving  before  General  K. 
jied;  I  then  went  home  to  dinner;  I  returned 
i  the  afternoon  and  was  present  when  Mrs. 
"utton  brought  in  General  K.’s  effects;  she 
landed  them  to  Miss  Nellie;  I  know  that  Mrs. 
|7harton  has  the  reputation  of  being  very 


77 


amiable  and  kind,  and  always  willing  to  do 
anything  she  could  for  her  friends. 

To  Mr.  Syester— I  could  not  see  all  Mrs.Hut- 
ton  brought  in;  she  broughtthem  in  her  hands 
in  this  way  [here  Miss  Mayer  held  her  hands 
togetherj;  I  do  not  remember  seeing  a  ring. 

Capt  Henry  F.  Brewerton  next  testified— I 
am  a  Captain  of  the  Fifth  Artillery,  United 
States  Army;  I  am  at  preseut  stationed  at 
Fort  Preble,  Maine;  I  have  known  Mrs.  Whar¬ 
ton  between  three  or  four  years;  I  was  for  a 
long  time  at  her  house  under  circumstances 
which  enabled  me  to  judge  of  her  high  char¬ 
acter  and  remarkable  aruiabilty;  I  knew  her 
in  Baltimore;  her  general  character  for  amia¬ 
bility  and  kindness  were  very  well  known 
and  proverbial;  every  one  who  knew  her  knew 
her  to  be  both  kind  and  amiable,  and  an  ex¬ 
cellent  triend. 

To  Mr.  Revell — This  opinion  is  based  upon 
what  I  saw  and  experienced;  I  was  at  her 
house  for  several  days,  and  again  for  two  or 
three  weeks;  Mrs.  Wharton  then  visited  me 
at  Portland,  Maine;  she  paid  me  only  one 
visit;  I  have  seen  her,  I  think,  or.lv  four 
times  in  the  time  I  speak  of:  Mrs.  Wharton 
is  an  old  friend  of  my  wife;  I  knew  of 
her  well  by  reputation;  I  have  also 
heard  officers  of  the  army  speak  of  her  repu¬ 
tation;  she  is  well  known  in  the  army;  I  re¬ 
member  hearing  General  Sackett,  Inspector 
General  of  the  Army,  speak  of  her;  that  was 
since  her  arrest;  I  have  heard  army  officers 
speak  of  her  amiability;  I  can’t  recall  the  exact 
words;  it  was  simply  that  she  was  an  amiable 
lady,  or  a  very  pleasant  lady;  it  was  of  that 
nature. 

Prof.  It.  S.  McCulloch  was  next  called,  and 
testified — I  am  hy  profession  a  chemist  and 
engineer;  I  am  now  a  Professor  in  Washington- 
Lee  University,  Virginia;  I  teach  natural  phil¬ 
osophy  and  mechanics,  and  chemistry  applied 
to  metaiurgy;  I  have  been  a  professor  iu  Jef¬ 
ferson  College,  Pennsylvania,  and  also  at 
Princeton,  New  Jersey;  I  made  chemical 
analyses  for  the  United  States  Government 
for  three  or  four  years;  I  was  also  engaged  as 
chemist  in  the  United  States  Mint  at  Philadel¬ 
phia;  I  was  also  employed  as  chemist  and  min¬ 
ing  engineer  hy  the  Confederate  Govern¬ 
ment;  I  heard  all  the  testimony  of  Pro¬ 
fessor  Aikin,  and  I  read  last  night  a  paper 
purporting  to  be  his  report  to  Mr.  Knott;  Mr. 
Thomas  had  sent  me  a  copy  which  did  not 
differ  from  that  I  saw  last  night,  with  the 
exceptions  of  alterations  made  by  Professor 
Aikin  in  his  testimony;  in  my  opinion  the 
tests  used  by  Professor  Aikin  were  insufficient 
to  establish  the  presence  of  antimony;  I  con¬ 
sider  his  analysis  radically  defective;  in 
order  to  establish  the  presence  of  anti¬ 
mony  it  is  absolutely  necessary  to  get 
the  metal  itself,  and  then  subject  it 
afterwards  to  test  after  test  to  prove  that  it 
actually  is  antimony;  antimony  is  a  simple 
elementary  substance,  having  very  many  prop¬ 
erties  by  which  it  can  be  recognized,  and  if,  in 
testing  for  it,  any  experiment  fails,  that  would 
vitiate  any  conclusion;  it  must,  of  course,  cor¬ 
respond  to  all  of  its  properties;  the  quantity 
obtained  must  be  sufficient  to  he  subjected  to 
all  tests.to  preclude  the  possibility  of  its  being 
something  else;  if  any  one  of  the  tests  fail  it 


78 


THE  WHARTON-KETCHUM  TRIAL. 


would  prove  that  something  else  is  there,  or 
that  the  metal,  if  there,  is  not  pure: 
if  it  is  there  it  must  correspond  to 
all  its  properties  which  are  positive;  I  con¬ 
sider  Dr.  Aikin’s  analysis  radically  defective 
because  he  did  not  get  the  substance,  and 
operated  more  or  less  on  organic  matter, 
which  would  render  the  tests  fallacious. 

Mr.  Steele  here  read  section  503  of  Wharton 
and  Stille’s  medical  jurisprudence,  as  to  the 
necessity  for  care,  accuracy  and  absolute  cer¬ 
tainty  iu  the  discovery  of  a  poison;  Prof. 
McCulloch  said  that  was  the  opinion  he  held, 
and  added:  “I  have  just  said  the  substance 
must  be  found, ’and  in  sufficient  quantity.”  He 
then  continued — Orfila  is  a  good  book  and 
high  authority;  on  some  matters  it  is  not  con¬ 
sidered  so  good  as  more  modern  authorities. 

Mr.  Steele  now  handed  the  witness  a  work 
of  Orfila  on  poisons,  and  stated  to  him  that, 
as  he  could  not  read  French  as  fluently  as  he 
desired,  he  would  be  obliged  if  the  witness 
would  read  it. 

Prof.  McCulloch  said  he  read  Freuch  freely, 
and,  after  reading  over  the  paragraph  shown 
him,  translated  it  into  English  and  read  it 
to  the  jury;  it  stated  that  as  a  txbe  had  been 
broken  in  the  analysis  of  the  body  of  La 
Farge,  the  presence  of  arsenic  could  not  be 
determined;  Ortila  further  stated,  in  a  letter 
appended,  that  (metallic)  arsenic  must  be 
found  to  make  it  conclusive. 

The  witness  continued — If  Dr.  Aikin  had 
been  operating  on  a  metal,  and  knew  it  to  be  a 
metal,  the  three  tests  he  used  would  constitute 
a  very  strong  probability  that  it  was  antimony 
I  say  a  very  strong  probability,  and  not  an  ab  • 
6olute  certainty,  solely  because  there  are  other 
tests  in  addition  to  which  antimony  can  be  sub¬ 
jected,  and,  moreover,  because  new  metals  are 
constantly  being  discovered  in  chemistry;  it  is 
possible  that  even  if  a  chemist  possessed  this 
metal  it  might  fail  in  properties  involving  an¬ 
timony:  in  a  case  iuvolving  life  and  death — 
[Here  Mr.  Syester  interrupted  aud  said  that 
iu  this  matter  the  witness  was  not  competent 
to  give  an  opinion.] 

The  Court  decided  that  the  witness  could 
not  give  such  an  opinion  to  the  jury. 

Mr.  fcteele  said  the  witness  could  say  what 
reliance  was  to  be  placed  in  tests. 

After  some  further  desultory  discus¬ 
sion,  Professor  McCulloch  continued— In  any 
case  requiring  certainty  I  should  consider  it 
necessary  to  go  beyond  the  tests  used  by  Pro¬ 
fessor  Aikin,  even  in  a  commercial  matter. 

Mr.  Syester  said  the  witness  could  not  add 
his  opinion  as  to  commercial  matters,  and  he 
wished  the  witness  to  so  understand. 

Professor  McCulloch  continued — I  wmuld 
consider  Professor  Aikiu’s  tests  insufficient  in 
any  case;  in  a  case  iu  which  a  chemist  operates 
on  the  contents  of  a  stomach,  containing  I 
substauces  of  organic  kind,  animal  or  vegeta¬ 
ble.  it  has  been  held  for  many  years  that 
such  reactions  as  Professor  Aikin  described 
may  prove  entirely  fallacious,  especially  in 
hunting  for  a  metal;  for  that  1  can  give  you 
authorities  if  you  wish  them;  those  three  tests 
are  that  a  liquid  supposed  to  contain  auti- 
mony  shall  give  with  sulphuretted  hydro¬ 
gen  or  with  sulphide  of  ammonium,  an 
orange  red  precipitate;  that  is  No.  1;  the 


2d  is  that  this  orange  red  precipitate  shall 
be  soluble  in  hydrochloric  acid;  aud  the  3d  h 
that  solution  iu  hydrochloric  acid,  if  dropped 
into  water,  shall  give  a  white  precipitate: 
if  there  are  other  substances  which  would 
produce  these  reactions,  then  they  would  not 
prove  ttie  presence  of  antimony;  ars<-nic  has 
also  certain  color  tests,  and  it  has  been  held 
that  such  tests  are  not  reliable;  the  books  art 
full  of  references  to  that  matter;  that  doc¬ 
trine  is  no  new  one;  I  have  made  a  memor¬ 
andum  of  the  authorities  I  would  name:  1 
will  first  refer  to  a  volume  of  Orfila,  pub¬ 
lished  iu  1818,  page  0S3;  Orfila  there  says  that  I 
the  presence  of  articles  of  food  in  the 
stomach  may  produce  fallacious  tests 
I  refer  you  to  the  case  of  Donald, 
tried  in  Eugland  in  1817— 2d  Beck,  p.  539;  in 
that  case  it  was  in  evidence  that  the  deceased! 
had  eaten  onions  the  day  before  his  death, 
and  Dr.  Neal  testified  that  a  decoction  of 
onions  gave  nitrate  of  silver  a  yellow  color, 
resembling  the  yellow  color  arsenic  also  gives 
with  nitrate  of  silver;  he  also  testified  that  a, 
decoction  of  onions  gives  a  green  precipitate 
with  copper  as  arsenic  does;  and  also  that  the 
phosphates  of  the  human  body  give  r- 
yellow  precipitate;  in  that  case  there  was  a 
failure  to  produce  the  metal,  and  the  prisonei 
was  acquitted. 

Mr.  Syester  said  to  the  Court  that  the  wit¬ 
ness  could  do  more  than  give  the  results  olj 
the  scientific  experiments. 

The  Chief  Judge  said  that  the  witness  could 
give  only  the  scientific  results. 

Mr.  Syester  said  he  did  not  find  any  fault 
with  the  witness,  but  he  desired  him  to  re¬ 
frain  from  giving  the  results  of  criminal 
trials. 

Professor  McCulloch  continued — 1  will  refei 
now  to  Rose’s  Analytical  Chemistry,  page  186 
a  high  authority  among  chemists,  aud  also  tc 
Barresville’s  Analytical  Chemistry — 

Mr.  Syester — If  they  are  Freuch  you  had 
better  translate  them. 

Mr.  Steele — I  will  give  you  a  rough  transla¬ 
tion. 

Mr.  Steele  then  read  from  Rose  that  it  was 
necessary  to  drive  out  or  destroy  the  organic 
matter. 

The  witness  continued— I  have  made 
experiments  in  this  particular  case;  I  tried 
the  reaction  of  sulphuretted  hydrogen 
on  chloral  and  got  from  it  a  precipi¬ 
tate  which  might  readily  be  mistaker 
by  its  color  for  one  of  sulphide  of  antimony 
I  repeated  that  experiment  with  sulphide  o; 
ammonium  and  with  sulphide  of  sodium,  auc 
I  got  similar  results;  I  then  experimented  simi¬ 
larly  with  yellow  jasmine  (gelsemiuum);  I  goi 
also  a  precipitate  which  might  readily  he  mis 
j  taken  by  its  color  for  one  of  antimony;  I  ther 
mixed  these  substances,  gelsemiuum  auc 
chloral,  and  found  they  gave  me  similar  re 
suits  when  mixed;  I  then  put  that  mixture  o: 
chloral  and  yellow  jasmine  into  or 
ganic  substances:  the  tincture  of  yellow 
jasmine  was  sent  to  md  at  Lexiugton 
and  boro  the  label  of  Gasman  A 
Co.;  I  then  tried  the  experiments  with  s 
mixture  containing  organic  matter,  such  ai 
the  wThite  of  an  egg  aud  milk  that  had  sourec 
for  some  days,  using  the  whey  and  not  the 


TEE  WEARTON-KETCHUM  TRIAL. 


79 


oagulum;  I  then  mixed  them  with  beef  tea 
nd  added  a  drop  of  lactic  acid  and  a  drop  of 
ydroeliloric  acid,  and  a  little  pepsin,  to  try 
o  imitate  what  is  usually  found  in  the  human 
toinach;  I  tried  these  experiments,  supposing 
hese  organic  substances  to  he  as  near  as  1 
ould  get  to  what  were  the  contents  of  Gen- 
ral  Ketchum’s  stomach;  I  obtained  a 
ed  precipitate,  closely  resembling  such  a  one 
s  antimony  would  give:  when  thus  mixed  with 
nimal  matter,  the  precipit.tes  were  more 
ulky,  more  voluminous,  than  in  aqueous  so- 
ition;  I  did  this  in  Lexington,  Va.,  two  or 
tree  days  before  coming  to  Annapolis;  I  have 
nee  repeated  those  experiments  on  other 
lecimens  of  chloral  and  yellow  jasmine,  and 
ith  similar  results;  1  have  done  it  here 
i  the  presence  of  others,  Dr.  Reese,  Dr. 
enth  and  some  others;  another  irnport- 
mt  experiment,  which  I  performed  at  Lex 
igton,  and  have  repeated  here  in  concur- 
;nce  with  Drs.  Genth  and  Reese,  is  this:  the 
id  precipitate  thrown  down  by  sulphuretted 
ydrogen  in  tincture  of  yellow  jasmine,  dis- 
ilves  in  hydrochloric  acid,  as  that  from  an- 
rnony  does;  in  other  words,  tne  two  resemble 
icli  other  in  this  property;  they  act  alike; 
hen  this  solution  in  hydrochloric  acid  is 
copped  into  water  it  also  gives  a  white 
oud,  just  as  antimony  does;  that  white 
oud  is  soluble  in  an  excess  of  hydrochloric 
:id,  which  is  also  true  of  antimony;  this  so- 
tion,  with  sulphuretted  hydrogen,  again 
ves  a  precipitate  -which  might  be  mistaken 
r  one  of  antimony;  the  resemblance  of  the 
actions  is  truly  remarkable,  so  much  so  that 
was  astonished  when  I  made  the  experi- 
ents;  I  made,  last  night,  a  mixture  of  chloral 
id  yellow  jasmine,  in  about  the  proportions 
.  which  they  were  administered  to  General 
etchum  by  Dr.  Williams,  and  to  this  I  added 
hat  Dr.  Aikin  added  to  the  contents  of  the 
omach  in  his  search  for  strychnia,  to  wit: 
rtaric  acid  neutralized  by  bicarbonate  of 
da;  I  did  this  to  make  an  aqueous  solution 
resemble,  as  near  as  possible,  what  was  in 
jneral  K.’s  stomach;  I  have  that  solution  in 
rart,  and  if  desired  I  will  show  its  reac- 
m  with  sulphide  of  ammonium;  I  cannot 
V  it  here  with  sulphuretted  hydrogen,  be- 
use  the  gas  would  make  the  air  of  the  room 
respirable,  and  moreover,  it  would  take  too 
Qg  a  time;  when  I  put  in  hydrosulphate  of 
imonia  I  do  not  consider  that  I  put  in 
reign  matter. 

Professor  McCulloch  now  showed  the  ex- 
riment,  and  while  going  through  the  opera- 
in  was  closely  watched  by  every  person 
esent  in  the  court  room.  His  experiments 
monstrated  the  results  he  had  described, 
b  precipitates  being  of  an  unmistakable  red 
lor. 

3e  continued — I  have  tried  the  experiment 
the  reaction  of  the  sulphide  of  ammo- 
im  on  several  specimens  of  tartar  emetic, 
d  in  only  one  or  two  did  I  get  the  pure  red; 
iy  the  pure  article  will  give  the 
re  red;  the  mixture  with  yellow  jas- 
ne  and  the  mixture  with  tartar 
etic  have  been  placed  side  by  side,  and  very 
tie  difference  could  be  observed;  when  I 
hd  the  experiments  in  Lexington  I  had  a 
ter  from  Mr.  Thomas  enclosing  one  from 


Dr.  Williams,  in  which  Dr.  Williams  stated, 
as  he  has  here  described,  how  he  treated 
General  K.;  as  far  as  I  am  aware  there  is  noth¬ 
ing  in  any  book  on  this  subject,  no  such  ex¬ 
periments  as  I  have  made  being  reported;  now 
that  I  have  made  these  tests  they  go  very  far 
to  make  me  of  the  opinion  that  it  was  the 
medicines  administered  to  General  K.  which 
gave  Dr.  Aikin  his  results. 

After  some  time  had  been  occupied  by  Messrs. 
Steele  and  Hagner  m  examining  the  short¬ 
hand  report  of  Prof.  Aikin’s  testimony,  the 
witness  continued,  in  answer  to  Mr.  Steele — 
In  addition  to  the  three  tests  used  by  Dr.. 
Aikin,  there  are  quite  a  number  of  others 
which  are  used  in  testing  for  antimony;  I 
beard  Dr.  Aikin  say  he  had  weighed  one- 
grain  of  the  sediment,  and  estimated 
from  that;  that  could  not  be  relied  upon; 
the  practice  of  chemists  is  to  weigh  always 
with  great  care;  moreover,  he  operated 
in  organic  matter;  to  judge  of  quantity 
by  eye  comparisons  of  bulk  would 
be  utterly  fallacious;  no  such  estimate 
could  be  made  with  any  accu¬ 

racy;  it  is  also  not  easy  to  weigh  four-tenths 
of  a  grain  with  accuracy;  the  precipitates 
might,  unless  antimony  was  known  to  be 
present,  contain  nothing  but  organic  matter, 
just  as  I  have  shown  here;  there  is  always  more 
or  less  of  free  sulphur  even  in  operating  with 
metals;  in  operating  chemists  must  always 
guard  against  free  sulphur;  water  charged 
with  sulphuretted  hydrogen  will  not  keep,  but 
rapidly  decomposes,  and  the  sulphur  falls;  in 
no  case  would  an  eye  comparison  be  suffi¬ 
ciently  accurate;  an  estimate  of  weight  can¬ 
not  be  made  by  observation  of  the  bulk;  it  is  of 
course  more  difficult  to  make  comparisons  by- 
memory  than  by  observations,  and  in  analyti¬ 
cal  operations  you  must  weigh,  and  must 
weigh  accurately,  too;  the  tests  applied  by  Dr. 
Aikin  to  the  sediment  in  the  tumbler  were 
not  sufficient;  he  should  have  gotten  the 
metal  there,  and  then  tested  that  metal;  it  is 
necessary  in  all  cases  that  the  metal  be  gotten 
of  sufficient  quantity  to  manipulate  with  the 
critical  tests  of  analytical  chemistry;  the 
chemist  must  first  know  that  he  is  operating 
with  a  metal;  one  test  relating  to  the  crystals 
would  go  to  prove  that  something 
other  than  antimony  was  present;  the  fact 
that  the  crystals  formed  by  a  drop  of  tartar 
1  emetic,  and  those  formed  with  a  drop  of  the 
sediment  were  not  alike,  makes  it  absolutely 
certain  that  tartar  emetic  was  not  present; 
Dr.  Aikin’s  testimony  about  the  sediment  dif¬ 
fered  from  what  he  made  in  the  written  state¬ 
ment  to  Mr.  Knott,  and  he  corrected  it  here; 
in  the  written  statement  a  chemical  impossi¬ 
bility  was  given;  it  would  have  been,  if  any¬ 
thing,  a  proof  that  something  else  than  tartar 
emetic  was  present;  I  heard  the  testimony  of 
Professor  Tonry;  in  my  judgment  the  tests  he 
employed,  and  the  results  he  exhibited,  did 
not  prove  in  any  manner  that  anti¬ 
mony  was  present  in  the  substances  he  used; 
he  got  a  number  of  little  spots,  but 
even  if  these  were  metallic,  they  were 
in  insufficient  quantities  to  prove  of  what 
metal  they  were  composed;  if  they  had  been 
antimony  they  would  have  been  abundantly 
and  sufficiently  explained  by  the  mere  impuri- 


80 


THE  WHARTON-KETCHUM  TRIAL. 


ties  of  the  chemicals  used;  hydrochloric  acid 
is  liable  to  contain  impurities;  it  often  con¬ 
tains  arsenic,  and  may  contain  antimony;  the 
test  used  by  Professor  Toury  for  the  purity  of 
liis  sulphuric  acid,  his  zinc  and  his 
■water  was  not  sufficient;  if  you  refer 
to  the  last  London  edition  of  Taylor’s 
Medical  Jurisprudence,  you  will  find 
that  when  zinc  is  dissolved  in  sul¬ 
phuric  acid  that  dark  flakes  are  found  float; 
iug  in  the  solution,  and  that  these  flakes  are 
hydride  of  arsenic,  which  do  not  decompose 
as  long  as  there  is  no  organic  matter  present, 
but  suffer  decomposition  as  soon  as  any  or¬ 
ganic  matter  is  added,  and  give  rise  to  the 
escape  of  arseniuretted  hydrogen,  which 
would  produce  black  spots;  I  have  in  the 
United  States  Mint  passed  many  tons  of  zinc 
through  dilute  sulphuric  acid,  and  I  never 
yet  saw  a  specimen  of  zinc  so  pure 
that  it  did  not  give  those  dark 
flakes;  it  was  almost  a  daily  op¬ 
eration  in  the  mint,  and  we  used  the  best 
materials,  regardless  of  cost; Professor  Tonry’s 
spots  may  have  been  caused  by  just  such  an 
impurity  in  the  zinc  he  used. 

Mr.  Thomas  here  read  from  pages  211  and 
212  of  Taylor’s  Medical  Jurisprudence,  London 
edition,  in  reference  to  the  decomposition  of 
organic  matter  in  sulphuric  acid. 

The  witness  continued— I  believe  hydro¬ 
chloric  acid  also  contains  antimony, 
but  oftener  arsenic,  either  of  which 
would  give  black  spots;  Professor  Tonry 
stated  particularly  that  he  washed 
all  his  vessels  with  hydrochloric  acid,  aud 
then  washed  them  with  water;  it  is  possible 
then  that  the  hydrochloric  acid  introduced 
the  antimony;  I  saw  the  spots  first  shown  and 
can  form  a  very  probable  estimate  of  their 
value  from  experiments  I  have  made.  The 
witness  here  showed  a  porcelain  lid  to  the 
jury  upon  which  were  thirty  spots;  each  spot, 
he  said,  represented  the  one  forty-thous¬ 
andth  part  of  a  grain;  they  appear  to  me  larger 
than  those  of  the  first  set  exhibited  by 
Pi.  f.  Tonry;  the  second  set  exhibited  by 
him  appeared  to  me  very  small,  indeed, 
barely  visible;  the  size  of  the  spots  is,  how¬ 
ever,  a  matter  of  judgment  by  the  eye; 
I  weut  to  the  Naval  Academy  Laboratory, 
where  Professor  Fisher,  in  my  presence, 
weighed  by  his  balances  one  gramme  of  tar¬ 
tar  emetic;  he  kindly  lent  me  a  graduated 
pipette— a  glass  tube  so  graduated  as  to  meas¬ 
ure  cubic  centremetres;  with  that  tube  I  made 
a  solution  in  which  the  proportion  of  water 
to  the  tartar  emetic  was  as  one  to  a  hundred; 
in  other  words  1  dissolved  the  gramme  of  tar¬ 
tar  emetic  in  oue  hundred  centimetres  of 
water;  I  could  then  dilute  this  solution,  or 
rather,  a  portion  of  it  successively  un¬ 
til  I  obtained  an  extremely  dilute  solution, 
a  measured  quantity  of  which  contained,  by 
calculation,  reducing  French  weights  to  Troy 
grains,  three-fourths  of  oue-thousandth  of  a 
grain;  those  three-fourths  of  a  one-thousandth 
part  of  a  grain  gave  me  the  thirty  spots,  aud 
seemed  then  exhausted;  each  spot  represented 
the  fortieth  part  of  one  one-thousandth  of  a 
grain;  it  is  only  by  such  a  process  that  it  could 
be  performed;  I  don’t  think  it  possible  that 
chemical  manipulations  could  be  performed 


on  such  minute. quantities;  I  am  confident  I 
could  not  do  it,  and  I  have  had  a  great  deal 
of  experience, and  have  been  reqn  ired  to  do  my 
work  very  accurately;  I  say  required,  because 
part  of  the  time  I  was  absolutely  required  by 
law;  I  would  not  like  to  operate  on  the  teutn 
or  twentieth  of  a  spot  or  even  on  a  fifth;  I 
doubt  if  I  could  operate  on  a  spot  containing 
so  little  as  one  thousandth,  and  I  am  certain 
I  could  not  subject  it  to  many  tests;  I  doubt 
if  I  could  subject  a  spot  of  oue  thousaudth 
to  tests  to  establish  the  presence  of  antimony; 
it  may  be  possible,  even  assuming  that  the 
spots  contained  antimony  or  arsenic,  that  the 
impurities  of  the  materials  used  would  ex¬ 
plain  it  all;  it  might  even  occur  by  accident; 
the  merest  particle  of  antimony  or  arsenic 
may  have  adhered  to  the  hands  of  the  chem¬ 
ist;  I  have  seen  a  number  of  spots  much  larger 
than  those  shown  here  subjected  to  tht  sul¬ 
phide  of  ammonium  test,  which  spots  were 
antimony;  and,  collectively,  giving  no  result, 
as  many  as  ten  being  used  at  a  time:  I  don’t 
think  Professor  Tonry  could  have  obtained  re¬ 
sults  from  two  or  three  of  the  spots  he  ex¬ 
hibited;  the  result  he  sought  ought  to  have 
been  obtained  if  antimony'  had  been  there, 
and  their  non-obtention  would  prove  the  con¬ 
trary;  the  spots  were,  however,  so  small  that  I 
doubt  if  he  could  subject  them  to  any  deci¬ 
sive  tests  whatever;  I  regarded  them  as 
insignificantly  small;  some  vegetable  and  ani¬ 
mal  matters  may  produce  the  black  spots;  hy¬ 
drocarbons  can  do  it;  also  chloroform  and  sul¬ 
phide  of  carbon,  and  these  will  do  it  in  com¬ 
bination;  in  order  to  determine  what  is  in  the 
black  spots  they  must  be  well  tested,  aud 
must  be  in  sufficient  quantities  to  be  thor¬ 
oughly  tested,  otherwise  they  prove  nothing; 
I  heard  Professor  Tonrv’s  statement  of  his 
weights;  I  don’t  think  it  possible  to  weigh 
twenty-five  one-hundredths  of  a  milli¬ 
gramme;  on  that  subject  of  weighing  I  have 
had  a  great  deal  of  experience,  aud  had  to 
weigh  accurately,  both  while  a  mint  officer 
and  while  engaged  in  Washington  with 
the  late  Professor  Bache,  of  the  Coast  Survey,! 
and  aiso  of  the  Office  of  Weights  and  Meas-I 
ures;  from  making  investigations  my  experi* 
ence  enables  me  to  say  positively  what  can' 
aud  what  cauuot  be  done  in  weighing;  the1 
balances  in  the  mint  are  celebrated  for  their1 
accuracy  and  workmanship  as  well  as  those! 
made  at  the  Office  of  Weights  aud  Measures 
in  Washington;  both  have  been  executed  by 
a  workmau  (Mr.  Saxton)  who  isrenowued 
for  his  mechanical  skill;  in  the  mints 
our  assay  balances,  which  were  in-fl 
tended  to  be  ten  times  as  delicate 
as  the  balances  usually  employed  by  chemistsi 
and  which  were  also  much  smaller  aud  much  i 
lighter,  and  therefore  far  more  delicate,  did! 
not  permit  weighings  to  be  made  with  aceu-4 
racy  closer  than  the  one-thousandth  of  at 
grain;  great  accuracy'  is  necessary  in  mint  cab 
culatious,  or  else  gross  errors  would  arise,! 
unless  the  balances  were  extremely  accurate? 
the  smallest  weight  ever  attempted  iu  tbef 
assay  balances  was  one-half  of  one  one  thou¬ 
sandth  of  a  grain,  and  that  on  a  balance  far 
more  accurate  than  those  ordinarily  used 
hy  chemists;  Professor  Toury  stated  that 
his  balances  were  guaranteed  to  be  aoourate 


THE  WHARTON-KETCHUM  TRIAL. 


81 


3  the  one-twentieth  of  a  milligramme;  that 
;duced  is  seventy-seven  one-hundred  tlmu- 
rndth  of  a  grain,  or  approximately  one  one- 
iousandth  of  a  grain;  this  would  he  about 
ie  performance  of  one  of  the  most  delicate 
ssay  balances  at  the  mint,  which  are  far 
lore  accurate  than  those  chemists  use;  the 
sual  chemist’s  balances  are  reliable  to  deter- 
iine  the  hundredths  of  a  grain,  but  not  the 
housandths  of  a  grain;  wheu  Professor  Tonry 
tated  that  his  balances  had  been  guarau- 
3ed  to  him,  he  merely  stated  the  ordi- 
arv  commercial  guarantee;  it  is  abso- 
jtelv  necessary  to  the  accuracy  of  a  balance, 
bat  its  knife  edges  be  parallel,  without  which 
be  lengths  of  the  arms  of  the  balance  will  not 
e  equal,  except  by  accident;  without  that  the 
alance  is  worthless  as  to  accuracy;  when 
ice  weighings  are  made  it  is  necessary  to 
lake  corrections  for  temperature,  hygrome- 
ricity,  atmospheric  bouyancy  and  barometric 
reesure;  a  beaker  glass  couid  not  have  been 
ut  upon  an  ascay  balance;  in  handling  a 
eaker  glass  even  the  moisture  from  the 
ands  would  make  a  difference,  and 
demists  should  always  use  forceps  in  deb¬ 
ate  weighings;  Professor  Tonry  would 
ecessarily  have  obtained  by  his  tests  con- 
derable  organic  matter;  it  would  be  impos- 
ble  to  say  how  much  organic  matter  was  in 
ie  mixture  besides  sulphur;  in  so  small  a 
uantity  any  other  substance  would  have 
een  almost  inappreciable;  the  precipitate 
rof.  Tonry  got  with  nitrate  of  silver  don’t 
rove  anything,  as  he  did  not  follow  it  up;  he 
lid  he  did  not  have  time;  I  don’t  consider 
lat  the  analyses  of  Prof.  Aikin  or  of  Prof, 
onry  prove  anything;  they  do  not  prove  the 
resence  of  any  poison,  and,  in  my  opinion, 
aly  prove  the  presence  in  General  K.’s  stom- 
ih  of  the  medicines  administered  to  him 
y  order  of  Dr.  Williams. 

Prof.  McCulloch  was  now  turned  over  to 
ie  State,  and  under  cross-examination  by 
r.  Syester,  testified— I  think  Professor 
ikin’s  analysis  radically  defective  and  in- 
iffioient.  because  he  did  not  get  the  metahand 
it  in  sufficient  quantity  to  test  it;  1  don’t 
low  of  any  tests  to  determine  the  presence 
|  antimony  when  the  metal  cannot  be  pro- 
iced;  I  would  not  consider  anything  proof 
iort  of  the  production  of  the  metal  itself; 
■me  writers  do  not  express  that  opinion;  I 
umore  governed  in  my  opinion  by  chemical 
cts  than  by  what  I  have  read  in  books;  I 
ive  not  hunted  up  the  authorities,  but  can 
rnish  you  to-morrow  with  as  many  as  you 
ease;  I  will  give  now  a  book  written  by  Drs. 
ood  and  Bache,  of  Philadelphia,  of  high 
putatiou;  it  is  Wood  &  Bache’s  Dispensa¬ 
ry;  under  the  head  of  arsenic,  you  will  find 
at  Dr.  Christison  says  that  the  color  tests 
r  arsenic  are  sufficient  to  prove  its  presence, 
it  the  authors  (Wood  &  Bache)  say  they 
nsider  the  production  of  the  metal 
all  cases  absolutely  necessary ;  I 
ink  you  will  find  in  Barres- 
Lll,  page'l79,  that  the  metal  must  be  found; 
was  taught  in  a  medical  school,  forty  years 
:o,  that  the  metal  must  be  found;  Taylor  is 
gh  authority;  I  rarely  refer  to  him;  I  am  a 
emist,  and  not  a  medico-jurist;  I  have  been 
ught  that  mental  satisfaction  is  not  suffi¬ 


cient,  but  the  direct,  absolute  proof;  in  cases 
of  antimonial  or  arsenical  poisoning  it 
is  the  generally  received  opinion  that 
the  metal  must  be  obtained,  and  for  the 
reason  that  unless  you  operate  on 
the  metal  your  tests  will  be  fallacious; 
I  do  not  mean  to  say  that  some  persons  may 
not  entertain  a  different  opinion,  but  I  should 
attach  no  importance  to  their  opinions;  it  is 
a  rule  with  me  to  find  unmistakable,  absolute 
proof  in  all  scientific  investigations;  so  far  as 
strychnine  is  concerned,  I  cannot  speak  from 
experimental  knowledge;  I  presume  that  some 
vegetable  poison  may  be  produced  after  ab¬ 
sorption  into  the  system;  the  tests  Dr.  Aikin 
applied  to  the  organic  matter  may  have  pro¬ 
duced  fallacious  results;  Dr.  Aikiu’s  tests  were 
utterly  insufficient;  I  repeat  that  a  chemist 
must  know  that  he  is  operating  on  a  metal; 
I  know  that  chloral  and  yellow  jasmine  will 
produce  similar  results  to  those  obtained  by 
Dr.  Aikin;  two  specimens  will  not  produce 
exactly  the  same  results;  I  have  never  tested 
all  the  properties  of  antimony,  chloral  or 
yellow  jasmine;  I  will  not.  say  that  the  colors 
i  have  exhibited  are  identical  with  those 
produced  by  Dr.  Aikin;  in  one  solution  Pro¬ 
fessor  Aikin,  when  he  precipitated  with  sul¬ 
phuretted  hydrogen,  got  one  color,  according 
to  his  report,  anil  according  to  his  testimony 
here  he  got  another;  I  don’t  remember  pre¬ 
cisely  what  was  his  description  of  the  color  of 
'  the  precipitate  he  gave  in  his  testimony;  chem¬ 
istry  may  be  very  fallacious  in  examining  or¬ 
ganic  substances,  and  chemists  too,  especially 
if  they  are  careless;  I  should  say  that  it  would 
be  very  difficult  to  determine  the  presence  of 
vegetable  poisons;  I  don’t  know  when  anti¬ 
mony  was  discovered,  but  we  read  in  the 
Bible  that  Jezebel  put  her  eyes  into  a  sul- 
phuret  of  antimony,  which  in  the  English 
version  is  translated  “She  painted  her 
face ;  organic  chemistry  is  yet  in  its 
infancy;  I  do  not  think  that  any  pro¬ 
cess  used  by  Professor  Aikin  was  sufficient 
to  destroy  the  organic  matter  in  General 
Ketchum’s  stomach;  I  cau’t  say  that  any  of 
the  substances  I  dropped  in  water  were 
colorless;  when  I  made  a  precipitate 
with  sulphuretted  hydrogen,  I  got  what,  in 
the  present  state  of  chemical  knowledge, 
it  is  impossible  to  say  what  it  was; 
the  simplest  experiment  is  to  precipitate  gel- 
seminum  with  sulphuretted  hydrogen  gas, 
well  washed,  dissolved  in  hydrochloric  acid, 
and  drop  that  solution  into  water,  which  will 
give  a  white  cloud,  but  not  an  abundant  pre¬ 
cipitate;  I  did  not  undertake  to  dissolve  that 
white  cloud  with  tartaric  acid;  in  one  of  Dr. 
Aikin’s  experiments  he  dissolved  the  white 
cloud  with  tartaric  acid;  the  white  precipitate, 
thrown  down  by  antimony,  dissolves  iu  tar¬ 
taric  acid;  I  dissolved  the  white  cloud,  but 
not  with  tartaric  acid;  I  used  a  different  acid, 
and  I  did  not  use  tartaric  acid,  because 
that  acid  holds  substances  in  solution,  and 
does  not  precipitate;  I  did  not  think  it  worth 
while  to  repeat  the  experiments  Dr.  Aikin 
made;  I  dissolved  the  white  cloud  in  hydro¬ 
chloric  acid,  precipitated  with  sulphuretted 
hydrogen,  and  got  a  yellow  precipitate;  I 
never  got  a  pure  orange  red  from  antimony 
except  when  in  pure  aqueous  solution. 


82 


THE  WHARTON-KETCHUM  TRIAL. 


Professor  McCulloch  was  now  subjected  to 
a  rigid  test  of  his  knowledge  of  the  color  tests 
known  to  chemistry. 

He  continued— Wormlev  is  not  good  author¬ 
ity  iu  inorganic  chemistry;  his  work  contains 
some  mistakes;  chloral  is  soluble  in  cold 
water,  and  I  presume  in  boiling  water;  yel¬ 
low  jasmine  when  dropped  in  ordinarily  cool 
water  gives  a  turbidity  to  the  water;  there  is 
a  small  portion  which  1  suppose  to  be  resinous 
matter,  and  it  appears  in  the  water. 

The  Court  here  adjourned  until  10  A.  M.  to¬ 
morrow. 

Rev.  George  Leeds,  Profs.  Aiken  and  Tonry, 
Drs  Chew  and  Williams,  and  Marshal  Frey,  | 
of  Baltimore,  were  among  those  present  to-  I 
day.  Drs-  William  and  Hiram  Corson,  of 
Norristown,  Pennsylvania  (the  birthplace  of  ' 
Mrs.  Wharton),  arrived  yesterday,  having  ; 
been  summoned  by  the  defence.  The  ladies 
were  present  to-day  in  full  force,  and,  not¬ 
withstanding  the  tedium  of  a  great  part  of 
Prof.  McCulloch’s  testimony,  sat  patiently 
until  the  Court  adjourned.  - 


TWE.\TY.SECOiMi>  I»AY. 

Annapolis,  December  80, 1871. 

The  great  Wliarton-Ketchum  trial  has  again 
degenerated  into  a  chemical  lecture,  and 
science  has  usurped  the  place  of  law  and  nar¬ 
rative.  Prof.  McCulloch  on  yesterday  gave 
the  jury,  Court,  counsel  and  spectators  an 
idea  ol’how  certainly  and  uncertainly  chem¬ 
ical  investigations  have  or  may  have  resulted. 
He  proved  himself  a  veritable  free  lauce,  and 
from  the  beginning  stood  strongly  upon 
the  offensive.  For  a  time  it  seemed  that  Pro¬ 
fessors  Aikiu  and  Tonry  had  practiced  a  de¬ 
lusion  and  a  snare;  then  it  appeared  that 
aftt  r  ail  there  is  far  more  tiction  than 
fact  connected  with  the  search  of 
chemists  for  poisons.  In  Professor  Me-  j 
Culloch’s  opinion  there  was  nothing  re-  [ 
liable  in  the  analyses  of  Profs.  Aikiu  and 
Tonry,  from  the  first  steps  in  their  investiga¬ 
tions  to  the  weighing  of  the  minutest  particle;  j 
weights,  colors,  spots,  and  precipitates  were  J 
alike  utterly  fallacious  and  too  insignificant 
to  he  considered  for  a  moment.  Attor¬ 
ney  General  Syester,  in  a  most  astute  man¬ 
ner,  managed,  however,  by  closely  in¬ 
terrogating  the  Professor  from  Washington- 
Lee  University  to  elicit  some  ■  chemical 
truths,  and  to  base  upon  them  a  framework 
upon  wlAeh  the  chemical  experts  for  the 
State  might  find  a  comfortable  footing. 
It  was  doubtless  all  very  interesting  to  those 
who  had  been  initiated  into  the  hidden  mys¬ 
teries  of  chemical  lore,  but  to  the  great  major¬ 
ity  of  those  present  the  proceedings  were  de¬ 
cidedly  tedious. 

Upon  the  opening  of  the  Court  to-day  Sir. 
Revell  was  sworn  in  by  the  Chief  Judge  for 
another  term  of  four  years  as  State’s  Attorney 
for  Anne  Arundel  county,  it  being  the  fourth 
successive  term  with  which  ho  has  been  hon¬ 
ored  by  the  people  of  his  native  county. 

Professor  AcCullocli,  upon  being  recalled, 
said  he  desired  to  modify  an  answer  he  gave 
yesterday,  by  saying  that  oxide  of  anti 
mony  is  soluble  in  boiling  water. 


Attorney  General  Syester  then  resumed  his 
cross-examination  of  the  witness. 

Mr.  Syester — You  say  you  experimented  on 
tartar  emetic  and  obtained  the  spots  exhibited 
in  Court  yesterday;  why  was  not  that  experi¬ 
ment  made  on  the  pure  metal  itself? 

Ans.— Simply  because  I  had  no  pure  metal: 
it  had  been  given  me  by  a  chemist  as  tartai 
emetic. 

Mr.  Syester— Tartar  emetic  is  white,  is  it  notl 

Ans.— Yes,  sir,  said  the  witness;  because 
it  responded  to  one  test  antimony  was  prob¬ 
ably  present;  I  do  not  swear  that  the  deposit! 
on  the  lid  I  exhibited  yesterday  were  froir 
pure  tartar  emetic. 

Mr.  Syester— In  your  experiment  on  the  one 
gramme  of  tartar  emetic,  did  you  examine  for 
its  purity  ? 

Ans.— I  only  examined  by  a  test  of  sulphide 
of  ammonium. 

Mr.  Syester— You  say  you  dissolved  that  one 
gramme  iu  100  cubic  centremetres  of  water; 
Was  that  water  distilled? 

Aus.— It  was  hydrant  water. 

What  reagents  were  employed  in  that  ex¬ 
periment,  and  were  they  purified? 

Ans.— I  did  not  test  their  purity. 

Mr.  Syester— In  getting  those  spots,  your  j 
aim  was  to  get  the  metal,  and  spread  it  oufi 
over  the  largest  space,  was  it  not? 

Aus. — I  went  on  making  spots  until  the  gat] 
stopped  making  them;  my  object  was  to  make! 
a  succession  of  spots  and  take  their  average] 
value. 

Mr.  Syester — Did  you  aim  at  collecting  oni 
any  one  spot  the  largest  amount  of  deposit 
possible  to  be  collected  there? 

Ans.— No,  sir;  I  did  not. 

Mr.  Syester— Are  not  the  spots  on  your  plate] 
less  distinct  than  were  those  on  Professor] 
Toury’s  plate? 

Ans.— I  think  mine  were  larger;  they  were] 
to  my  eye. 

Mr.  Syester — You  say  you  obtained  spots] 
from  chloral  and  yellow  jasmine  similar  to] 
those  obtained  and  shown  here  by  Professor] 
Tonry;  did  you  make  any  experiments  onl 
those  spots  to  discover  or  test  their  nature! 
and  quality? 

Ans.— I  never  got  any  such  spots  from  chloral  i 
and  yellow  jasmine. 

Mr.  Syester — You  said  yesterday  you  had; 
tested  many  tons  of  zinc  anil  never  saw  a 
specimen  of  zinc  so  pure  that  it  did  not  give 
the  dark  spots  spoken  of,  and  that  when  Pro¬ 
fessor  Tonry  collected  the  spots  on  the  por-i 
celain  lid,  those  spots  were  litely  to  have  been: 
produced  by  the  zinc  which  he  used;  so  youl 
uudertake  to  declare  that  no  zinc  can  be  made 
absolutely  free  from  the  impuritiy  which  will 
produce  such  spots? 

I  did  not  say  that  no  zinc  was  so  absolutely: 
free. 

Here  some  discussion  followed  between; 
Messrs.  Syester  and  Steele  iu  reference  to  the 
manner  of  the  Attorney  General  iu  iuterroi 
gating  the  witness,  and  after  some  explana-i 
tions  the  witness  continued: 

I  thought  the  one  test  of  the  zinc  used  by 
Prof.  Tonry  was  insufficient,  and  I  spoke  of  its 
because  I  thought  it  was  the  object  here  to 
ascertain  the  truth;  the  liquid  above  a  precip-' 
itate  is  no  part  of  the  precipitate. 


THE  WHARTON-KETCHUM  TRIAL. 


83 


Mr.  Syester  here  showed  to  the  witness  the 
■ecipitate  shown  by  him  on  yesterday,  and 
ie  witness  said  it  had  turned  dark,  as  lie  had 
■cdicted,  and  it  did  not  now  look  like  an 
itimonial  precipitate. 

He  continued — An  orange  red  precipitate 
ill  change  if  the  organic  substance  changes; 
said  yesterday  that  the  precipitate  I  showed 
ire  might  readily  be  mistaken  for  an  anti- 
onial  precipitate;  I  can’t  say  how  long  I 
jpt  the  precipitates  in  the  experiments 
made  at  Lexington,  Va.;  I  don’t  remember 
lat  Dr.  Aikin  said  the  color  test  was  not 
ifficient;  I  merely  showed  those  experiments 
i  the  jury  to  show  them  one  result  that  eould 
i  obtained;  I  did  not  have  time  to  go  further 
ith  the  test;  at  Lexington  I  dissolved  seve- 
.1  of  my  precipitates  in  hydrochloric  acid; 
was  strong,  but  I  don’t  remember  that  it 
as  hot  or  cold;-  I  have  used  it  both  hot 
id  cold;  I  don’t  remember  what  particular  pre- 
pitates  I  treated  with  boiling  water:  I  simply 
ied  the  Laboratory  chloric  acid,  bought  as 
ire;  I  did  not  test  it;  I  cleaned  my  tubes  well; 
did  not  consider  it  necessary  to  test  the 
irity  of  the  chloric  acid  I  used;  I  doubted 
y  reagents  and  tested  them;  sulphide  of  ali¬ 
mony  is  not  readily  soluble  in  hydrochloric 
iid,  but  requires  boiling  hydrochloric  acid; 
threw  my  precipitates  away,  and  of  course 
■ought  nono  of  them  here;  I  experimented 
i  some  before  I  threw  them  away;  I  got  a 
bite  cloud  by  dropping  the  acid  solution  in 
ater,  and  that  white  cloud  became  a  precip- 
rite;  I  did  not  try  to  precipitate  that  white 
oud  with  tartaric  acid;  if  it  had  been  an 
itimonial  precipitate  tartaric  acid  would 
ive  dissolved  it:  a  chemist  would  ordinarily 
)  as  I  did,  that  is,  to  dissolve  in  hydrochloric 
;id  instead  of  tartaric  acid,  having  the  first 
Lined  just  at  hand;  the  acid  in  the  water  he¬ 
me  clear;  I  tried  the  addition  of  the  sulphide 
ammonium,  and  got  a  yellow  precipitate; 
lylor  is  a  standard  author  on  medical  juris- 
udence,  but  not  on  chemistry.  Mr.  Syester 
ire  read  to  the  witness  from  page  484  of 
i.ylor  on  Poisonings,  2d  American  edition, 
id  the  witness  said  he  did  not  agree  with 
ivlor’s  opinion,  because  he  considered  that 
■jiiemist  should  know  that  he  was  operating 
.  the  metal.  He  continued — I  want  the 
,3tal  always;  at  the  Naval  Academy  I  was 
3rely  experimenting  for  comparative  results 
organic  substances;  I  quoted  Orlila  as  an 
thority,  who,  fifty  vears  ago,  had  said  the 
mils  produced  by  inorganic  food  were  fal- 
iious;  I  would  not  say  that  antimony 
is  poisonous;  other  authors  than  Oriila 
V  that  organic  matter  may  produce 
lacious  results;  Orfila  begins  with  the 
dte  powder,  and  there  are  millions  of  white 
Iwders;  Mr.  Syester  here  read  to  the  witness, 
ni  page  214  of  Wormley  on  Micro-Chemistry; 
:1  the  witness  said  other  things  might  pro- 
ice  the  results  Wormley  there  speaks  of  as 
Is  pecubar  results  of  antimony.  He  con¬ 
ned— I  think  Wormley  asserts  more 
in  he  knows  in  that  regard;  I  know 
j  substance  that  would  give  the  precipi¬ 
ces  exactly  as  desciibed  by  Professor  Aikin; 

I  don’t  think  that  tartar  emetic  ever 
jiuld  give  those  results;  when  a  precipi- 
1  e  is  thrown  down  from  an  acid  solution 


!! 


it  would  become  contaminated  with  sulphur, 
if  sulphide  of  ammonium  was  used;  I  have 
not  read  Taylor  on  Poisonings;  Wormley  is 
more  recent  than  Rose;  no  test  is  sufficient  in 
iny  opinion  in  the  search  for  antimony  unless 
the  metal  itself  is  obtained;  when  the  quan¬ 
tity  is  too  small  to  work  with,  you  can  do 
nothing  with  it  chemically;  as  a  chemist  I 
want  something  to  work  upon,  and  not  an  im¬ 
aginary  thing;  if  it  was  too  small  I  could  do 
i  nothing  with  it  and  could  come  to  no  conclu¬ 
sions:  if  I  used  the  same  tests  Dr.  Aikin  used, 
and  got  the  results  he  did,  I  would  not  be 
satisfied;  if  I  got.  under  the  same  treat¬ 
ment,  the  results^  he  got,  I  would  have 
only  a  suspicion  that  antimony  was  present; 
after  getting  the  metal  I  would  try  on  that 
■  all  the  tests  I  know  of;  there  is  no  one  test 
that  is  sufficient,  nor  any  two,  or  three,  or 
four  in  my  judgment;  I  yesterday  said  new 
metals  might  have  new  properties  unknown 
to  chemistry;  about  sixty-five  elementary 
metals  are  known. 

To  Mr  Revel  1 — I  say  theie  might  he  a  new 
metal,  which  would  give  the  results  ob¬ 
tained  by  Dr.  Aikin,  but  I  know  of  no  such 
new  metal;  in  my  opinion  the  sediment  in  the 
tumbler  contained  organic  matter  largely;  his 
correction  of  his  report  of  his  analysis  of  that 
sediment  is  unintelligible  to  me;  as  well  as  I 
can  remember  his  oral  testimony  differed  ma¬ 
terially  from  his  report;  I  did  hot  say  the  an¬ 
alyses  of  Professors  Aikin  and  Toury  proved 
the  presence  of  tartar  emetic  or  antimony, but 
that  they  were  radically  defective;  Professor 
Aikin  did  not  show  what  was  in  the  sediment 
in  the  tumbler;  I  do  not  think  that  only  white 
sugar,  fresh  milk,  and  a  tablesDoonful  of 
brandy  or  whiskey  would  give  the  results 
that  Dr.  Aikin  got  from  the  sediment:  some¬ 
thing  else  must  have  been  in  the  sediment;  if 
chloral  or  yellow  jasmine,  it  might  have  given 
Professor  Aikin  in  his  analysis  of  the  tumbler 
the  results  he  obtained;  his  results  would 
create  the  basis  for  a  suspicion  that  antimony 
was  present;  I  have  been  at  chemistry  sin  ’e  a 
boy  of  11  years;  over  40  years;  I  have  exam¬ 
ined  only  one  body  for  poisons;  I  did  it  when 
a  young  man  as  a  lesson;  I  found  nothing; 
no  one  assisted  me;  I  applied  ali  the  tests  for 
arsenic  or  antimony;  I  particularly  examined 
for  arsenic;  that  was  before  Marsh’stests  were 
in  use;  that  was  as  far  back  as  1832;  I  attrib¬ 
ute  the  results  Dr.  Aikin  obtained,  in  a  great 
measure,  to  the  fact  that  chloral  and  yellow 
jasmine  had  been  administered  by  Dr.  Wil¬ 
liams;  I  have  experimented  with  antimony 
mixed  with  those  substances;  I  have  no  ex¬ 
perimental  knowledge  on  the  subject;  the 
books  say  that  if  antimony  had  been  pres¬ 
ent  the  results  would  have  been  those 
obtained  by  Professor  Aikin;  I  believe  they 
might,  however,  be  masked;  if  either  chloral 
or  yellow  jasmine  had  been  present,  the  re¬ 
sults  would  havebeen  modified;  I  se^  noreason 
why  chloral,  yellow  jasmine  and  chloroform 
may  not  have  given  Professor  Tonry  his  re¬ 
sults;  if  everything  was  pure  with  which  he 
operated  there  may  be  a  probability  that 
antimony  was  present;  hydrochloric  acid  often 
contains  arsenic,  but  if  it  is  chemically  pure 
it  does  not  contain  it;  the  absence  of  spots 
would  show  that  the  hydrochloric  acid  used 


84 


THE  WHARTON-KETCHUM  TRIAL. 


by  Professor  Tonry  was  pure;  on  a  gold 
assay  balance  nothing  less  than  the  half 
of  a  thousandth  of  a  grain  could  be 
weighed;  I  judge  Prof.  Tonry’s  balance  only 
by  this  description  of  it;  tartar  emetic  has 
very  little  taste  to  me;  to  me  it  tastes  slightly 
saline,  will  you  taste  it  ? 

Here  the  witness  took  a  vial  of  it  from  his 
pocket.  Mr.  Revell  quickly  said;  No,  I  thank 
you,  sir,  I  don’t  want  to  taste  poison!  The 
witness  continued:  I  believe  Governor  Bowie’s 
tongue  was  blistered  by  it. 

Mr.  Steele — The  Governor  don’t  want  that 
stated. 

Mr.  ftevell — I  dont  know  that  he  does,  but 
we  have  a  right  to  get  at  the  truth. 

Professor  McCulloch  continued — The  books 
say  its  taste  is  acrid  and  made  up  with  metal¬ 
lic;  1  have  seen  some  books  which  said  its  taste 
was  uot.  metallic;  it  don’t  blister  my  tongue, 
but  it  did  the  Governor’s;  it  left  in  n  y  mouth 
only  a  little  abiding  taste,  something  like 
pepper. 

To  Mr.  Syester— I  would  hesitate  to  say  that 
spots  produced  by  a  process  used  by  Professor 
Tonry  wonld  contain  autimony. 

To  the  Court.— Organic  substances  might 
give  such  spots  as  Professor  Tonry  obtained; 
where  organic  matter  was  present  Marsh's 
tests  would  be  of  no  practical  value. 

Mr.  Hagner  here  quietly  but  earnestly  pro¬ 
tested  to  the  Chief  Judge  that  he  was  cross 
examining  the  witness.  The  Chief  Judge 
explained  his  reasons  for  interrogating  the 
witness. 

To  Mr.  Syester — The  spot  test  is  not  deemed 
of  importance  in  giving  the  arser.ic  or  anti¬ 
mony  in  sufficient  quantity  to  test  for  the 
metals;  I  have  seen  spots  produced  from  an 
article  obtained  as  tartar  emetic  dissolved  in 
sulphide  of  ammonia;  Marshs’  test  is  not  abso¬ 
lutely  certain,  but  needs  verification;  my 
chemistry  is  more  experimental  than  from 
books;  I  think  one  chemical  fact  of  more 
value  than  all  the  books  say;  I  do  not  think 
the  books  authorities. 

Mr.  Syester — “Your  friends  of  the  defence, 
thought  they  were  in  the  beginning  of  this 
trial.” 

Mr.  Steele— “Yes,  sir,  and  we  will  argue  it 


with  you  now  or  at  any  time.’ 

The  witness  continued — One  fact  is  worth 


all  the  books. 

Mr.  Steele  here  read  to  the  witness  from 
Taylor  in  reference  to  a  precipitate  given  by 
sulphuretted  hydrogen  in  hydrochloric  acid, 
and  the  -witness  explained  his  opinion  on  that 
subject.  Mr.  Steele  then  read  from  page  356 
on  the  same  work,  as  to  the  necessity  in  crim¬ 
inal  trials  to  rtuder  the  presence  of  poison 
most  clear  by  other  than  Marsh’s  test.  Prof. 
Tonry  expressed  then  his  agreement  with  the 
authority  quoted,  and  said  the  quantity  ob¬ 
tained  should  be  large  enough  to  be  manipu¬ 
lated  and  put  through  other  tests.  Sir.  Steele 
again  read  from  page  3S4,  and  the  witness  ex¬ 
pressed  liis  opinion,  with  qualifications. 

To  Mr.  Steele— I  have  given  tartar  emetic 
to  about  a  dozen  persons,  besides  Governor 
Bowie,  and.  his  tongue  was  the  ouly  one  blis¬ 
tered. 

To  Mr.  Thomas— Marsh’s  test  consists  in  the 
obtaining  of  the  spots  and  their  verification. 


To  Mr.  Syester — Bismuth,  which  I  have  sal 
would  give  me  a  white  cloud,  is  often  used 
it  goes  by  the  name  of  pearl,  or  lily-wbitt 
and  the  ladies  use  it  on  their  faces;  the  doc 
tors  also  use.  it  foi  chronic  indigestion:  if  bit 
ninth  had  been  present,  it  would  not  hav 
given  the  same  results  as  antimony. 

The  witness  was  here  dismissed,  and  Di 
Frederick  A.  Gentli  was  next  called,  and  tei 
tified — I  reside  in  Philadelphia  and  am  au  an; 
lyticalehemist;  I  made  my  first  analysis  in  1SK 
and  have  been  ever  since,  connected  with  am 
lytical  chemistry;  I  studied  in  Germany,  firs 
withLeopold  Gmelin.iu  Heidelberg:  then  wit 
Leibig,  iu  Giessen,  and  afterwards  Bunsen,  i 
Marlburg;  Leibig  is  the  great  chemist  wh 
made  organic  chemistry;  I  heard  the  en 
tire  testimony  of  Dr.  Aikin;  I  have  rea 
his  report  to  Mr.  Knott,  State’s  Atrorne 
of  Baltimore  city;  his  tests  and  resnli 
obtained  do  not  establish  any  present 
of  antimony;  whenever  a  subject  is  to  I 
treated  for  the  presence  of  any  poisoi 
antimony  for  instance,  it  is  necessary,  uude 
all  circumstances,  to  use  the  best  method- 
and  those  not  liable  to  error,  and  iu  cases  < 
metallic  poisons,  to  produce  the  metal,  and  I 
produce  it  in  such  a  quantity  that  by  subs., 
quent  investigations  of  that  metal  no  doul 
i  at  all  can  be  left  as  to  its  nature. 

Mr.  Steele  here  read  to  the  witness  from 
portion  of  Professor  Aikin’s  testimony  as 
!  the  characteristic  results  of  tests  for  ant 
mony. 

Dr.  Genth  said  in  answer— The  three  tes 
used  by  Professor  Aikin  are  not  certain;  it 
always  absolutely  necessary  to  obtai 
the  metal  and  then  to  verify  tha 
by  tests;  there  are  about  a  dozen  dift'erei 
methods  of  testing  for  autimony;  if  the  qua 
tity  of  metal  obtained  is  sufficiently  large 
use  all  the  tests,  then  all  the  tests  should  1 
used;  if  the  quantity  is  not  very  large  it  shou 
at  least  be  large  enough  for  the  chemist 
make  all  the  characteristic  tests  after  the  met 
been  produced;  the  copper  test  would 
autimony  had  been  present,  have  prodttc 
a  crystalline  powder  like  small  needli 
I  very  minute  of  course,  and  they  would  ha 
covered  the  inside  of  the  tube:  I  ba 
tried  the  experiment  lately  in  Pbiladelpli 
i  and  have  observed  it;  the  prismatic  form  w; 
very  distinct;  I  tried  the  experiment  on  a 
timony  which  was  coating  copper;  the  di 
\  tinctiou  between  an  amorphous  cloud  at 
I  crystalline  powder  is  undoubtedly  ve 
important;  I  would  now  refer  you  to  Willis 
Allan  Miller’s  Chemistry,  page  602.  He  re; 
first  from  page  589,  under  the  head  of  arson 
He  then  read  from  page  602,  iu  which  it 
said  that  the  coating  becomes  eoudeused  in 
needles.  Hecontiuued — I  recollect  the  tv 
methods  used  by  Dr.  Aikin  iu  testing  his  si 
phuric  acid.  The  witness  here  repeated  t 
tests  Dr.  Aikin  had  used.  He  then  said— 1 
first  test  was  altogether  erroneous:  I  undi 
stand  that  he  said  that  concentrated  suiphu 
acid  would  have  decomposed  sulphide  of  a 
monia. 

He  continued—  II is  tests  for  acids  were  li 
sufficient  or  reliable;  he  did  not  test,  them  f 
this  particular  case,  which  should  have  bo 
done  under  all  circumstances;  hydroelilo 


THE  WHARTON-KETCHUM  TRIAL. 


85 


eid  is  certainly  liable  to  have  impurities  in 
i.  and  it  is  a  very  difficult  thing  to  get  pure  hy- 
roehloric  acid;  I  have  been  trying  experiments 
1  Philadelphia  inreference  to  this  case,  and 
■hen  I  first  tested  the  hydrochloric  acid, 
■hich  I  had  bought  as  chemically  pure  from 
neof  the  best  manufacturers,  I  found,  to  my 
reat  surprise,  that  it  gave  a  dark  coating  on 
tipper,  which  proved  the  presence  of  anti- 
louy  or  arsenic.  The  witness  here  showed  a 
jecimen  to  the  jury,  and  continued. — I  imme- 
iately  sent  to  another  one  of  the  best  houses 
ealing  in  chemicals  to  obtain  another  sarn¬ 
ie,  and  on  testing  that  I  found  it  too  con- 
lined  antimony  or  arsenic;  at  last  I  suc- 
seded  in  obtaining  a  specimen, which  did  not 
ive  a  dark  coating  on  copper;  last  winter  I 
ad  a  number  of  students  of  analytical  chem- 
itry,  and  I  gave  them  samples  to  find  out  what 
ley  were  composed  of;  they  invariably  re- 
arted  antimony:  I  saw  it,  too,  myself;  we 
ent,  ou  for  some  time  and  I  could  not  believe 
lat  there  was  antimony  in  that  hydrochloric 
cid  until  a  persoual  examination  proved  it.  to 
le;  hydrochloric  acid  frequently  contains 
atimony  or  arsenic,  and  it  is  very  difficult  to 
sparate  them;  if  antimony  had  been  present 
rof^ssor  Aikin  would  have  obtained  crystals 
i  the  same  form  in  each  of  the  particular 
)sts  he  used;  it  could  not  have  been  tartar 
net.ic  if  the  crystals  differed:  if  both 
ilutions  had  been  tartar  emetic  the  crys- 
ils  would  have  been  both  of  the  same 
>rm,  or  with  very  slight  modifications  of  the 
line  form;  Professor  Aikin’s  analysis  of  the 
idiment  in  the  tumbler  does  not  prove  that 
i  contained  either  antimony  or  tartar  emetic; 
heard  Dr.  Aikin’s  statement  of  the  manner 
i  which  he  made  his  estimates  of  weights, 
ad  it  is  quite  a  new  mode,  but  one  to  which 
would  not  resort,  because  it  is  so  full  of  in- 
ccuracies  that  it  is  quite  an  impossibility  to 
et  anything  out  of  it;  I  heard,  also,  Professor 
onrv’s  testimony,  and  I  saw  the  spots  he 
cbibited;  I  have  made  experiments  to  deter- 
ine  the  amount  of  antimony  in  those 
lots;  such  an  experiment  cannot  be  made  ac- 
irately,and  I  could  only  follow  him  as  near  as 
could;  I  first  produced  a  hydrogen  by  the 
se  of  pure  zinc,  sulphuric  acid  and  water;  I 
leu  satisfied  myself  by  testing  the  purity  of 
rnt  hydrogen;  I  then  added  a  solution  of 
utar  emetic  containing  the  fiftieth  part  of  a 
'a in;  I  produced  about  a  hundred  and  twenty 
mts;  I  acted  upon  the  porcelain  lids  I  have 
ire  as  long  as  any  were  produced  (here  he 
mded  them  to  the  jury);  if  my  eye  is  correct 
believe  them  to  contain  twice  or  four  times 
i  much  antimony  as  was  in  the  spots  shown 
7  Professor  Tonry;  if  I  get  120  spots  from 
le  fiftieth  part  of  a  grain  the  average  quan- 
ty  of  one  spot  is  one-sixth  thousandth  part 
!  a  grain;  therefore,  one  of  Mr.  Tonry’s  spots 
ould  contain  from  one-twelfth  thousandth  to 
ie:twenty-fourtli  thousandth  part  of  a 
■ain  of  tartar  emetic;  it  is  quite  impossible 
manipulate  with  such  minute  quantities; 
do  not  believe  one  of  those  spots  could  be 
sted  with  sulphide  of  ammonium  and  an 
ange  color  obtained;  I  have  tried  with 
venty  of  my  spots  and  did  not  get  it. 

[Here  the  witness  exhibited  to  the  jury  the 
1  upon  which  he  had  experimented.] 


He  then  continued — The  color  of  the  spots 
is  yellow,  and  undoubtedly  sulphur  is  in  them 
to  a  great  extent;  Marsh’s  test  is  to  get 
enough  of  the  quantity  to  test;  if  it  is  not 
large  enough  it  don’t  afford  any  evidence  at  all; 
the  quantity  obtained  by  Professor  Tonry  was 
entirely  insufficient  to  make  any  reliable  test:  I 
heard  his  description  of  his  experiment  with 
the  blowpipe;  he  took  the  sulphide  precipitate 
and  fused  it  on  charcoal,  and  if  antimony  had 
been  present  it  would  have  coated  the  char¬ 
coal  with  a  white  incrustation;  Professor 
Tonry  did  not  mention  any  such  incrustation; 
no  chemist  would  have  used  the  process  he 
used;  the  proper  w^ay  would  have  been  to  cut 
off  that  portion  that  was  fused,  put  it  in  an 
agate  mortar,  wash,  and  then  if  there  had 
been  any  metal,  it  would  have  remained  in 
the  bottom  of  the  mortar;  he  got  a  brownish 
solution  in  the  evening  by  his  nitrate  of 
silver  test,  and  in  the  morning  he  got  a 
very  small  precipitate;  nothing  has  been  done 
with  that,  and  therefore  that  experiment 
amounts  to  nothing;  even  disregarding  the 
organic  matter  in  such  a  case  no  analytical 
chemist  would  form  an  opinion  as  to  the 
amount  of  antimony  present  in  such  a  precip¬ 
itate  as  Prof.  Tonry  obtained;  it  is  laid  down 
in  all  the  books  on  analytical  chemistry  that 
i  the  antimonial  precipitate  must  be  first  freed 
or  pumped  from  the  free  sulphur  which  it  al¬ 
ways  contains;  Prof.  Tonry  remarked  that 
the  precipitate  he  had  did  not  contain  any 
free  sulphur,  because  he  washed  it  with 
sulphuretted  hydrogen:  he  exposeri  his  pre¬ 
cipitate  from  Wednesday  night  to  Friday,  and 
every  chemist  knows  that  the  sulphur  falls 
down  in  a  half  hour;  the  washing  did  no  good; 
the  longer  it  is  exposed  to  the  air,  the  more 
the  sulphur  will  fall;  I  believe  twenty-five 
one-hundredths  of  a  milligramme  could  not 
be  weighed;  his  quantantative  analysis  was 
absolutely  unreliable;  his  tests  did  not  estab¬ 
lish  anything  at  all,  except  that  he  had  a  trace 
of  a  metal  there,  and  he  did  not  establish 
what  that  metal  was. 

To  Mr.  Hagner— In  poisoning  cases  it  is 
always  necessary  to  produce  the  metal  in 
sufficient  quantities,  to  be  afterwards  tested; 
that  is  the  generally  received  opinion  among 
scientists  in  Europe. 

To  Mr.  Steele— I  assisted  in  some  of  the  ex¬ 
periments  made  by  Professor  McCulloch,  and 
observed  the  same  results  to  which  he  testi¬ 
fied  on  yesterday. 

Mr.  Steele  next  read  to  the  witness  from 
Taylor  on  Poisoning,  page  354,  giving  his  ob¬ 
jections  to  some  of  Marsh’s  tests,  and  the 
witness  said  lie  held  the  same  opinion.  Mr. 
Steele  again  read  from  page  356  of  the  same 
work,  and  the  witness  said  he  again  agreed 
as  to  the  great  necessity  for  absolute  cer¬ 
tainty  in  cases  of  poisoning,  and  the  authors 
objections  to  small  quantities 

The  witness  then  turned  to  the  jury  and 
said:  I  repeat  that  the  test  must  be  used,  and 
the  quantity  must  be  sufficient  to  admit  of 
the  use  of  all  the  characteristic  tests. 

Dr.  Genth  was  now  turned  over  to  the  State, 
and  in  answer  to  Mr.  Revell,  testified— The 
character  of  the  crystals  was  not  sufficiently 
described  by  Dr.  Aikin  to  say  what  was  their 
form;  if  tartar  emetic  had  been  present  the 


86 


THE  WHARTON-KETCHUM  TRIAL 


form  of  the  crystals  would  have  been  rhom- 
bicoctohedron. 

Mr.  Revel  1  here  showed  representations  of 
srrch  crystals  in  Taylor  on  Poisonings, 
and  he  said  he  recognized  them:  he  then  ex¬ 
plained  that  though  there  might  he  modifica¬ 
tions  they  would  still  be  modifications  of  the 
same  form.  He  then  continued— I  understood 
Professor  Aikin  to  say  that,  the  crystals  were 
not  identical  in  form;  the  difference  between 
the  contents  of  the  beaker  glass  and  the  con¬ 
tents  used  bv  Professor  Tonry  was  six-tenth 
parts  of  a  grain;  I  have  proved  by  a  test  with 
the  fiftieth  part  of  a  grain  that  I  could  get  no 
results  upon  which  I  could  place  any  reliance: 
I  did  not  go  further;  when  I  speak  of  pure  I 
mean  that  it  was  free  from  all  impurities; 
in  a  poisoning  case  I  must  be  sat¬ 
isfied  bv  tests  that  it  is  free  from 
all  impurities;  it  is  perhaps  less  that  two  or 
three  seconds  before  a  spot  is  made  on  por¬ 
celain;  if  I  believed  that,  from  the  manipula¬ 
tions  of  one  or  two  of  tte  spots  shown  by  Pro¬ 
fessor  Tonry  he  had  produced  the  orange  red 
color  of  antimony.  I  would  have  to  believe  his 
eyes  instead  of  mine,  since.  I  have  found  yel¬ 
low  spots,  and  I  always  prefer  to  believe  my 
own  eyes;  when  I  have  tried  an  experiment 
and  ascertained  positive  results  I  will  always 
believe  my  own  eyes  instead  of  another’s;  I 
assume  that  there  was  no  white  incrustation 
on  the  charcoal  because  Professor  Toury 
did  not  mention  it;  1  have  aright  to  pre¬ 
sume  it:  I  dissolved  the  spots  I  got  by 
a  drop  of  sulphide  of  ammonium;  I  did 
not  subject  them  to  any  tests,  hut  I  know 
that  undoubtedly  they  were  principally 
composed  of  sulphur;  it  was  apparent  to 
the  eye;  I  did  not  test  it  because  I  deemed  it 
useless;  there  is  no  use  testing  such  things; 
if  Professor  Tonry  obtained  the  orange  red 
from  a  spot,  I  suppose  there  was  present  a 
minute  quantity  of  antimony;  there  is  no 
metal  known  which  could  have  produced  all 
the  results  testified  to  by  Professor  Aikin. 

Mr.  Revell— Would  a  small  quantity  of 
white  sugar,  two  wine  glasses  of  fresh  milk 
and  a  tablespoonfnl  or  two  of  whiskey  or 
brandy,  stirred  up  with  a  silver  spoon,  and  set. 
away  in  a  tin  refrigerator  for  an  hour  or  more, 
give  the  results  testified  to  by  Professor  Aiken 
in  his  analysis  of  the  sediment  in  the  tnmblcr 
given  him? 

Dr.  Genth— I  never  tried  the  experiment; 
they  may  or  mav  not. 

Continuing— There  is  so  much  discrepancy 
in  both  Dr.  Aikin’s  oral  and  his  written  testi¬ 
mony  about  the  sediment  that  I  cannot  give 
an  opinion. 

Mr.  Kevi?ll  now  read  to  the  witness  the  oral 
testimony  of  Professor  Aikin,  and  the  witness 
said  he  did  not  think  such  a  mixture  would 
give  the  results  obtained  by  Professor  Aikin. 
He  continued — probabilities  are  things  in 
chemistry  with  which  we  should  not  deal. 

The  Court  here  adjourned  until  10  A.M. 
Monday.  On  Monday  Dr.  Genth  will  be  re¬ 
called  for  further  cross  examination,  and 
will  he  followed  by  Dr.  Rease,  of  Philadel¬ 
phia;  Professor  White,  of  St  John's,  and  Pro¬ 
fessor  Williams,  of  the  Agricultural  College 
of  Maryland. 


The  testimony  to-day  was  very  tedious,  and 
many  of  the  spectators  left  before  tlm  ad¬ 
journment  of  the  Court.  Mrs.  Wharton’s 
manner  remains  unchanged.  Hermann  Wil¬ 
liams,  Esq  ,  of  Baltimore,  was  present  with 
her  to-day. 


TWE^'T¥-TI1IK51  MT. 

Annapolis,  January  1, 1872. 

The  great  Wharton-Ketchum  trial  has 
developed  more  scientific  facts  and  fic¬ 
tions  than  ever  before  accompanied  a 
criminal  prosecution  in  Maryland,  and 
some  of  them  have  proved  as  startling 
and  dramatic  in  interest,  even  to  the 
experts  themselves,  as  were  many  of  the  de¬ 
tails  of  circumstances  supposed  to  connect 
the  accused  with  the  alleged  murder  bj 
poisoning. 

Mrs.  Wharton  sits  unmoved  amid  all  the 
agitations,  and  appears  perfectly  calm  and 
self-sustained.  Herdaughter  is  closely  atten¬ 
tive,  and  seems  more  interested  than  hei 
mother. 

The  scientific  war  has  now  began  in  earnest, 
and  after  the  chemical  experts  have  been  ex¬ 
hausted  the  medical  experts  for  the  defenct 
will  take  the  field  in  solid  column.  It  it 
not  kuown  that  they  have  made  any  actual, 
experiments,  but  the  books  and  their  own  ex 
periences  will  doubtless  lurnish  numberless 
precedents. 

The  attendance  to-day.  upon  the  opening  o 
the  Court,  was  smaller  than  it  has  been  dur 
ing  any  dav  of  the  trial.  No  ladies  wer<( 
present,  the  "gentle  sex  being,  doubtless.de 
voted  to  the  pleasures  of  New  Year’s  day.  Dr, 
Genth  was  recalled  for  cross-examination,  an<, 
in  answer  to  Mr.  Steele,  said  that  Prof^ssoi 
Tonry  had  stated  a  chemical  impossibility  whei 
he  said  he  got  a  solution  of  tartar  emetic 
if  he  had  gotten  what  he  said  he  did,  it  woult 
have  proved  that  no  tartar  emetic  w  as  there 
sulphide  of  antimony  is  a  compound  of  sul 
pliur  and  antimony:  potash  is  a  compound  o 
oxygen  and  potassium;  if  you  dissolve  suL 
phide  of  antimony  in  potash  you  make  j 
double  compound;  first,  potash  and  oxide  oi 
antimony,  and  the  second,  sulphide  of  potas 
sium  in  combination  with  tersnlphide  of  an 
timouv;  you  get  a  clear  solution  auyhow,  am 
if  you  add  an  acid  to  it.  you  decompose  111 
sulphide  of  potassium,  and  make  snlphurette 
hydrogen. 

‘To  Mr.  Revell— I  have  never  examined 
stomach  for  tartar  emetic,  but  1  have  had  ex 
perience  with  it. 

The  witness  was  next  shown  the  sedi men 
from  the  precipitate  Prof.  McCulloch  ha. 
made,  and  he  said  it  did  not,  as  far  as  h 
knew,  resemble  that  from  tartar  emetu 
He  continued— I  ‘am  51  years  old;  1  con 
meDced  the  study  of  chemistry  in  1889,  an 
graduated  in  1845;  1  have  been  engaged  i 
mineralogy  and  geology  in  the  silver  an 
gold  mines  in  North  Carolina;  I  have  give 
analytical  chemistry  my  attention  rlurin 
all  the  time  since  my  graduation;  I  hav 
analyzed  a  stomach  for  arsenic;  I  fonn 
the  metal  and  operated  upon  it;  that  was  i 


THE  WH AUTO N-KETG HUM  TRIAL 


87 


[arburg;  I  did  not  testify  in  the  case;  after 
reducing  the  metal  I  tested  it  with  all  the 
nown  tests.  The  witness  here  related  one  of 
[arsh’s  tests  which  he  had  used.  He  con- 
nued — The  quantity  of  metal  was  too  small 

>  weigh;  you  can  weigh  one  milligramme  of 
rsenic,  but  it  requires  great  care;  a  milli- 
ramme  is  the  one  sixty-fifih  part  of  a  grain; 
lere  are  scales  which  are  said  to  weigh 
ie  tenth  of  a  milligramme, and  I  have  weighed 
iat  quantity,  but  the  scales  must  be  new  and 
erfectly  accurate;  though  I  could  not  weigh 
ie  quantity  of  arsenic  I  obtained,  1  yet  sub- 
icted  it  to  all  the  tests;  I  proved  its  presence 

>  my  satisfaction;  such  weights  as  a  teuth 
;  a  midigrane  cannot  be  relied  upon  to  base 
iy  results  upon;  when  Taylor  says  aquantity 
:  arsenic  is  “imponderable,”  lie  means  that 

cannot  be  weighed,  but  that  it  could  be 
iterated  upon ;  reactions  could  he  got- 
■n  from  the  one  seven-hundred  and  twen- 
eth  part  of  a  grain  of  arsenic,  but  it  could 
it  be  done  with  antimony;  I  do  not  suppose 
le  investigations  could  be  carried  far 
lough;  antimony  is  not  considered  a  poison 
nless  found  in  large  quantities;  I  do  not 
now  of  any  substance  except  antimony  which 
ould  give  all  the  results  obtained  by  Dr 
ikin,  that  is,  if  the  antimony  was  pure;  I 
ave.  however,  known  the  same  “character- 
tic”  tests  of  antimony  to  he  proved  to  be 
srfectly  unreliable;  I  have  knq  vn  bismuth 
-  produce  an  orange  red;  if  you  have  an 
id  solution  and  pour  in  any  snip  hide  of  am- 
onimn,  the  sulphide  of  ammonium  is  de- 
tmposed,  no  matter  whether  any  metals  are 
'ere  or  not;  a  large  quantity  of  sulphur  is 
■ecipitated:  that  sulphur  has  a  yellow  color, 
id  if  minute  quantities  of  metals  are  pres¬ 
it  which  would  in  their  pure  state  give  a 
own  or  dark  precipitate  like  bismuth,  that 
■own  precipitate  would  be  covered  by  theyel- 
w  color  from  the  sulphur,  and  would  be  in 
ipearancelike  anantiuionial  precipitate;  cop- 
r  may  give  also  that  result:  f  have  obtained 
;i  orange  red  precipitate  from  lead;  that  pre- 
oitate  is  no  proof  that  antimouy  is  present: 
no  sulphur  was  mixed  with  them  they 
buhl  not  give  those  results;  bismuth  is  not 
liable  in  tartaric  acid. 

I'o  Mr.  Syester — I  could  determine  from  the 
nite  cloud  whether  bismuth  or  antimony 
lis  present. 

Mr.  Syester  then  read  to  witness  from  Tay- 
•  on  Medical  Jurisprudence,  page  137,  as  to 
Ie  steps  necessary  to  determine  the  presence 
antimony,  and  the  witness  said  Taylor  was 
I'ong.  Mr.  Syester  then  read  from  Wormle.v, 
!ge  223,  and,  after  considerable  question- 
the  wituess  said  Wormley  and 
kin  made. the  same  mistake,  and  both  were 
eng  in  some  of  the  steps  they  followed. 

!  continued — Chemistry  certainly  gives  re- 
ble  results  in  case  of  vegetable  poisons; 
joe  of  them  may  -be  reproduced,  among 
;rn  nicotine  and  strychnia;  morphia  is 
d  to  have  been  reproduced,  but  it  is  doubt- 
;  the  books  say  so,  but  that  is  not  a  suffi- 
nt  guarantee  to  me,  but,  if  I  have  found 
ferently,  I  think  I  am  as  good  authority  as 
s  books  themselves;  if  vegetable  poisons 
ve  gone  iutothe  system,  and  are  still  there, 
their  undecomposed  state,  I  believe  I  could 


reproduce  every  one  of  them;  the  books  say 
some  can  be  reproduced  and  others  cannot;  it  is 
my  opinion  thatthe  vegetable  poisons  must  be 
chemically  reproduced  or  else  there  is  no  Droof 
that  vegetable  poison  was  the  cause  of  death; 
if  such  impurities  as  antimony  reside  in  hydro¬ 
chloric  acid,  I  have  no  doubt  they  could  be 
detected  by  Marsh’s  test;  if  thus  found  pure  it 
would  not  become  impure  if  only  allowed  to 
remain  in  the  laboratory;  I  do  not  remember 
that  Dr.  Aikin  said  he  had  not  used  his  hydro¬ 
chloric  acid  after  testing  it  by  Marsh’s  test 
before  he  used  it  in  his  analysis;  Prof.  Aikin 
made  a  mistake  in  adding  tartaric  acid,  which 
is  one  of  the  constituents  of  tartar  emetic;  I 
understood  him  to  be  looking  for  tartar  emetic; 
if  he  was  looking  for  antimony  alone  he  was 
right  in  adding  tartaric  acid;  a  poisoning  case 
by  cream  of  tartar  has  been  reported; 
Air.  Syester  now  read  from  Taylor  on 
Poisons,  page  478,  and  the  witness 
explained  his  understanding  of  the 
statement  there  made  in  reference  to  the  dif¬ 
ference  between  cream  of  tartar  and  tartar 
emetic.  He  then  continued — Professor  Aikin’s 
tests  were  characteristic  of  antimony,  but 
not  positive  proof.  Mr.  Syester  then  read 
from  pages  225  and  226  in  reference  to  copper 
tests,  and  the  witness  said,  as  he  did  yester¬ 
day,  that  a  crystalline  and  not  an  amorpheous 
deposit  would  be  observed  under  the  process 
there  spoken  of;  pages  589  and  602  were 
again  referred  to  by  the  witness,  and  the  vol¬ 
ume  handed  to  Mr.  Syester. 

To  Mr.  Steele — The"  white  cloud  obtained  by 
Professor  Aikin  was  too  small  a  quantity  to 
be  dried  and  tested.  The  witness  next 
showed  to  the  jury  a  piece  of  paper  weighing  ten 
milligrames,  with  each  milligramme  marked 
off.  The  jury  took  the  minute  piece  and  ex¬ 
amined  it;  the  witness  then,  at  Mr.  Steele’s 
request,  cut  off  what  he  believed  to  be  the 
25-100ths  of  a  milligramme,  which  he  took  up 
with  great  difficulty,  on  the  point  of  his  knife; 
he  then  cut  off  two  and  a  quarter  of  a  milli¬ 
gramme,  and  the  minute  particles  were  put 
nto  a  vial  and  passed  around  among  the  jury. 
He  said  the  sulphide  of  antimony  would  have 
beeu  only  one-fourth  or  one-fifth  of  the  hulk 
of  the  particle  he  exhibited. 

Dr.  Genth  was  then  dismissed,  and  Dr.  John 
J.  Reese  was  next  called,  and  testified — I  re¬ 
side.  in  Philadelphia,  and  am  a  practicing 
physician;  at  present  I  occupy  the  Chair  of 
Medical  Jurisprudence  and  Toxicology  in  the 
University  of  Pennsylvania,  at  Philadel¬ 
phia;  I  was  formerly  Professor  of  Chem¬ 
istry  in  the  Medical  Department  of  Penn¬ 
sylvania  College,  then  located  in  Phila¬ 
delphia;  I  have,  in  connection  with  my  pres¬ 
ent  chair,  made  toxicology  a  special  study, 
but  I  do  not  give  to  it  the  same  attention  an 
analytical  chemist  would;  I  heard  all  of  Prof. 
Aikiu’s  testimony;  his  analyses  do  not,  to 
my  mind,  establish  proof  of  the  presence  of 
antimony  in  General  K.’s  stomach  or  in  that 
tumbler;  in  m.v  opinion  a  chemical  analysis 
connected  with  a  poisoning  case  should  be  so 
thorough  and  so  exact - 

Here  Mr.  Syester  interrupted  the  wituess, 
and  Mr.  Revell  briefly  contended  that  the 
witness  could  not  give  his  opinion  in  the 
way  in  which  he  was  doing. 


88 


THE  WHARTON-KETCHUM  TRIAL. 


After  some  discussion  the  witness  continued 
— One  reason  is  the  entire  omission  of  some 
very  important  and  characteristic  tests  for 
this  poison  alleged; another  is  that  when  tests, 
said  to  be  characteristic,  were  employed,  some 
of  them  failed;  the  third  reason  is  that  in  the 
tests  most  relied  upon  there  were  sources  of 
fallacy  which  rendered  them  uncertain  and 
inconclusive;  taking  the  first  lea^on  1  would 
name,  first,  the  omission  to  produce  the 
metal  antimony,  and  bringing  it  into  Court, 
and  submitting  it-  to  Ihe  defence  for  examina¬ 
tion,  and  in  sufficient  quantities  to  enable  the  j 
analylist  to  subject  it  to  all  the  char¬ 
acteristic  tests;  this  was  in  my  opin¬ 
ion  a  very  important  omission,  es¬ 
pecially  as  it  is  very  easy  to  obtain 
the  inetal  antimony,  and  operate  upon  it:  it  is 
easily  obtained  if  it  is  there;  to  my  mind  no  test 
would  be  sufficient  which  did  not  produce  the 
metal,  and  in  sufficient  quantities  to  be  ope¬ 
rated  upon;  secondly,  of  the  tests  called 
characteristic,  whicn  are  said  to  have  been 
used  in  this  analysis,  two  failed;  I  heard 
all  of  Professor  Toury’s  analysis,  and  in 
my  opiuion  his  tests  were  also  insuf¬ 
ficient  to  establish  the  presence  of  anti 
mony;  1  also  read  Professor  Aikin’s  report 
carefully:  returning  to  the  characteristic  tests 
which  failed  |I  now  allude  to  Prof.  Tonry’s 
analysis)  was  the  application  of  nitric 
acid  to  one  of  the  spots  it  failed  to 
give  the  characteristic  reaction  of  anti¬ 
mony,  and  the  experiment  with  the  blow¬ 
pipe  also  failed  to  give  the  characteristic 
results;  I  refer  also  just  here,  under  the  first 
head,  to  the  test  called  dialysis;  it  is  very 
important,  but  is  a  very  simple  and  beautiful 
method  of  separating  crystalline  substances 
from  organic  mixtures,  such  as  tartar  emetic, 
morphia,  styrchnia,  and  indeed  all  crystalline 
bodies.  The  witness  here  explained  how 
the  method  was  accomplished,  by  passing 
the  crystalline  particles  through  parch¬ 
ment  paper.  Thirdly,  was  the  fallacy 
necessarily  attending  the  employment 
of  those  tests  on  which  the  chief  re¬ 
liance  appears  to  have  been  placed;  on  the 
failure  of  these  three  tests  I  pass  my  opinion 
of  the  insufficiency  of  Professor  Aikin’s  tests; 

I  would  not  consider  the  three  tests  described 
by  Professor  Aikin  sufficient  to  establish  the 
presence  of  antimony,  for  the  reason  that 
organic  matter  placed  under  precisely  the 
same  conditions  will  give  precisely  the  same 
results;  I  mean,  treated  in  an  acid  solutiou 
and  precipitated  with  sulphuretted  hydrogen, 
they  will  give  an  orange  red  precipitate 
which  will  dissolve  more  or  less  in 
hydrochloric  acid,  and  the  resulting  solu¬ 
tions,  when  thrown  into  water,  will  give  a 
white  cloud,  which  ultimately  becomes  a  pre¬ 
cipitate;  the  color  will  vary  according  to  the 
kind  of  organic  matter  through  which  the  sul¬ 
phuretted  hydrogen  is  passed;  the  general  as¬ 
pect  of  the  precipitate  is,  however,  a  dull, 
reddish  yellow  or  reddish  brown;  if  a 
stream  of  sulphuretted  hydrogen  is  passed 
through  a  solution  of  chloral  and  yellow  jasa- 
mine  there  is  a  remarkable  resemblance  in 
color  in  the  precipitate  thus  obtained  to  an 
antimonial  precipitate;  of  this  I  was  personally 
unaware  until  1  witnessed  Prof.  McCulloch’s 


experiments;  I  believe  those  experiments,  ii 
followed  out  with  other  organic  substances 
would  develop  other  results  in  relation  b 
this  coincidence;  the  precipitate  I  saw  hm 
obtain  was,  to  a  great  extent,  soluble  in  by 
drochloric  acid,  aud  produced  a  white  clout 
when  thrown  into  water,  aud  that  cloud  o 
precipitate  was  again  soluble  in  bydrtyshlori 
acid  to  a  great  extent,  I  wili  not  say  entirely 
and  if  into  this  solution  sulphide  of  amine 
nium  be  dropped.it  will  reproduce  the  red 
dish  color,  or  yellow  red  color:  when  coppr 
is  put  into  it  aud  boiled,  it  will  mak 
a  deposit  ou  the  copper  orgunio  sul 
stances  generally,  and  especially  thos 
of  a  complex  character,  when  mixed  witl 
hydrochloric  acid  and  water,  and  the 
boiled  on  a  strip  of  bright  copper  foil,  wi 
produce  on  that  copper  a  dull  stain  whic 
might  be  mistaken  for  an  anti  monk 
or  arsenical  stain;  I  saw  the  experimen 
tried  with  yellow  jasamine,  and  I  tried . 

-  too;  it  is  well  known  that  when  a  strip  of  col 
per  is  boiled  iu  an  acid  solution  of  antimony 
j  arsenic,  mercury,  tin  and  other  metals,  a  dt 
posit  or  precipitation  is  made  ou  the  eoppe 
by  virtue  of  a  known  chemical  law;  th 
amount  of  the  deposit  on  the  copper  will  d< 
pend  altogether  upon  the  amount  of  metal  i 
the  solution  and  the  time  the  copper  is  sul 
jected  to  its  action;  from  an  orgauic  solutio 
in  which  no  metal  is  present,  boiled  with  mr 
riatic  acid,  the  slip  of  copper  would  gatlie 
a  stain;  :f  sulphur  is  preseut  along  with  th 
organic  matter,  as  it  is  very  apt  to  be,  if  take 
from  a  human  body,  the  stain  or  deposit  wi 
be  most  decided  and  dense;  furthermore, : 
this  copper,  with  the  deposit-  on  it  from  o 
ganic  matter,,  be  washed,  dried,  rolled  up  an 
put  in  a  small  glass  reduction  tube,  it- wi 
produce  a  white  sublimate  more  or  less  di 
cided,  which,  by-  an  unpractiecd  eye. and  eve 
sometimes  by  a  practiced  eye,  might  be  mi: 
taken  for  the  white  antimonial  sublimate 
[The  witness  here  handed  to  the  jury  a  vi: 
containing  strips  of  copper  with  tli 
deposits  spoken  of  on  them.]  H 
continued— -I  have  obtained  the  same  result 
from  yellow  jasamine  mixed  with  chloral; 
speak  now  from  my  ownpersoual  experience;  I 
is  for  these  reasons  that  I  call  the  color  test  fa 
laciousin  the  search  for  antimony  or  arseniJ 
by7  the  word  fallacious  I  do  not  mean  that.  I 
condemn  the  test,  hut  only  that  it  is  liable  11 
errors;  as  evidence  of  the  presence  of  anti 
mouy  I  should  require  absolutely7  the  prodmj 
tion  of  the  metal  as  the  only  positive,  conclj 
sive  proof,  and  that  in  such  quantities  as  1 
enable  me  to  practice  upon  it  all  the  recos 
nized  tests;  I  think  that  those  only  safe  ail 
conclusive  tests  as  determining  its  presencl 
my  rule  in  all  poisoning  cases  is  to  insist  npij 
all  the  known  testsor  be  satisfied  of  thcreasi 
for  the  failure  of  an.y  one  of  them;  if  one 
the  tests  failed  and  was  not  satisfactorily  a 
counted  for,  it  would  go  far  to  vitiate  tl 
conclusion;  I  cannot  go  so  far  as  to  say7  that  tl 
failure  of  oue  test  would  prove  the  absence 
the  poison;  it  I  made  six  tests  and  one  faile 
it  would  lead  me  to  suspect  that  there  w 
some  intervening  cause  which  gave  me  reshl 
not  in  accordance  with  previous  experienc 
all  the  characteristic  tests  should  bo  pra 


THE  WHARTON-KETCHUM  TRIAL. 


89 


ticed  and  should  he  successful;  there  are  four 
iistinct  methods  by  which  the  metal  anti- 
jiony  may  he  reproduced;  it  i-  an  established 
point  among  toxicologists  that  it  is  absolutely 
necessary  that  all  the  reagents  should  he  per- 
iectly  pure,  because,  unless  they  are,  the  very 
poison  sought  for  may  heproduced;  theimpuri- 
iies  likely  to  he  found  in  such  reagents  as  have 
peen  here,  sworn  to  are  antimony  and  arsenic; 
;hey  are  the  most  important,  and  are  very 
frequently  found  in  just  such  reagents  as 
Professors  Aikin  and  Toury  used;  the  anti¬ 
mony  occurs  chiefly  in  the  hydrochloric  acid; 
sometimes  in  the  sulphuric  aud  some¬ 
times  in  the  zinc;  the  arsenic  occurs  in 
the  sulphuric  acid  and  zinc,  and  is  quite  fre¬ 
quently  found  in  the  hydrochloric  acid;  they 
get  admission  in  the  hydrochloric  acid  chiefly 
though  the  sulphuric  acid  employed  in  its 
manufacture;  it  is  not  possible  to  detect  im¬ 
purities  in  mineral  acid  by  sulphide  of  am 
inoniurn;  the  application  of  such  a  re-agent 
would  itself  produce  an  impurity  in  that 
acid,  namely,  the  precipitation  of  sulphur;  it 
would  lie  impossible,  hy  such  a  process,  to  de¬ 
tect  iu  it  the  acid  minute  particles  of  antimony 
or  arsenic,  even  if  they  were  present;  the  sul¬ 
phur  thrown  down  would  entirely  disguise 
any  reaction  which  would  otherwise  ensue; 
if  I  was  seeking  to  obtain  a  uure  sulphide  of 
antimony,  if  iu  au  organic  mixture,  it  would 
unquestionably  be  necessary  to  get  rid  of  the 
organic  substauccs  and  the  sulnhur;  the  pres¬ 
ence  of  any  organic  substances  weighed 
with  the  sulphuret  would  naturally  vitiate 
the  calculation;  in  regard  to  portion  B  of 
Professor  Allan’s  solution,  he  did  not  use  any¬ 
thing  to  get  rid  of  the  organic  matter:  where 
sulphuretted  hydrogen  is  passed  through  an 
acid  solution,  the  amount  of  sulphur  would 
depend  upon  the  amount  of  mineral  present; 
the  whole  precipitate  might  he  sulphur  and 
organic  matter;  1  could  not  begin  to  form  a 
conjecture  of  the  amount  of  antimony  present, 
if  tiiere  was  any, in  Professor  Aikin’s  solution 
B  from  the  precipitate  he  obtained;  I  can 
only  give  au  approximate  estimate  of  the 
amount  of  antimony  in  the  spots  here  shown 
by  Professor  Tonry;  from  the  50th  part  of  a 
grain  Dr.  Genth  aud  myself  in  Marsh’s  test  ob¬ 
tained  120  spots  which  we  think  twice 
as  large  as  those  obtained  by  Professor 
Tonry;  we  estimated  that  each  spot  would 
represent  one  6-lOOOth  of  a  grain  of  tartar 
emetic,  and  that  each  of  Prof.  Tonry’s  spots 
represented  one  12  1000th  of  a  grain;  I  there¬ 
fore  consider  the  thirteen  spots  shown  here,  by 
Prof.  Tonry  contained  the  1000th  part  of  a 
grain;  I  have  no  doubt  that,  the  1000th  of  a  grain 
would,  by  Marsh’s  test,  give  thirteen  spots  as 
jarge  as  those  obtained  by  Prof.  Tonry;  Ido 
lot  think  I  could  apply  tests  for  antimony  to 
my  oue  or  two  of  the  spots  Prof.  Tonry  ob¬ 
tained;  Dr.  Taylor,  who  has  been  frequently 
quoted  here  as  an  authority,  states  that  the 
..wallest  quantity  he  would  consider  it  safe  to 
operate  upon,  would  be  the  150th  to  the  200th 
part  of  a  grain,  and  that  even  then  the  results 
would  be  very  doubtful.  Mr.  Steele  here  read 
|jo  the  witness,  from  page  206  of  Taylor’s 
Medical  Jurisprudence,  and  he  agreed  in  the 
•pinion  there  expressed.  Mr.  Steele  referred 
;  text  to  Guy’s  Forensic  Medicine,  page 409,  and 


Dr.  Eeese  agreed  also  with  the  opinion  of  that 
author. 

Dr.  Reese  then  continued— The  test  Dr. 
Aikin  used  for  the  sediment  in  the  tumbler  is 
notin  itself  proof  of  the  presence  of  antimony; 
the  action  of  hydrochloric  acid  he  described 
in  that  connection  does  not  prove  anything; 
Professor  Aikin  could  not  have  made  his 
estimates  of  weights  with  a,nv  certainty, 
or  a  probability  of  certainty;  it  is  not  the 
habit  of  chemists  to  make  any  such  esti¬ 
mates;  they  must  weigh  and  he 
fully  assured,  moreover,  of  the  purity 
of  the  article  they  are  weighing;  it  is  the 
practice  among  chemists  to  insist  upon  the 
most  absolute  identity  of  the  article  pre¬ 
sented  for  analysis;  I  mean,  that  it  should  be 
the  very  same ;  it  is  so  important  that 
even  after  a  satisfactory  conclusion  is  ar¬ 
rived  at,  if  there  should  he  any  doubt  of 
the  identity  of  the  substance  analyzed,  the. 
analysis  should  he  rejected;  neither  the  tests 
of  Professors  Aiken  nor  Tonry  are  sufficient 
to  establish  the  proof  of  the  presence  of 
antimony  in  the  stomach  or  other  vis¬ 
cera  of  General  Ketchum,  or  in  the 
tumbler;  tartar  emetic  has  very  little 
taste  to  my  palate,  but  I  don’t  remember 
to  have  tasted  it  before  I  came  to  An¬ 
napolis:  most  of  the  hooks  follow  Orfila,  and 
in  mistranslating  have  made  errors;  no  author 
would  care  to  test  it  on  himself,  and  Orfila 
has  been  followed,  therefore,  the  more;  the 
French  word  for  the  taste  is  apre,  which 
means  rouhg  rather  than  acrid;  there  is  a 
great  diversity  of  tastes,  as  we  all  know, 
but  Dr.  Wood  did  not  consider  tar¬ 
tar  emetic  acid,  for  he  speaks  of  it  as 
“sweetish;”  I  have  been  a  practicing  physician 
over  twenty-five  years:  as  Professor  of  Toxi¬ 
cology  1  have  my  attention  particularly  di¬ 
rected  to  that  branch  of  chemical  investiga¬ 
tion;  I  heard  the  testimony  of  Drs.  Williams, 
Miles  and  Chew;  I  see  n. thing  in  the  state¬ 
ment  of  the  attending  physician,  or 

the  eye-witnesses,  of  the  symptoms  ob¬ 
served  in  the  deceased  before  death,  nor  in 
the  results  of  the  autopsy  to  exclude  the  idea 
that  death  -was  produced  hy  natural  causes, 
but  those  causes  may  have  been  obscure;  it 
is  necessary  that  the  post  mortem  should  have 
been  thorough  and  exhaustive,  leaving  no 
oart  of  the  body  not  examined;tliat  is, I  believe, 
the  invariable  rule  in  all  medico-legal  cases 
where  the  autopsy  is  made  to  discover  the 
cause  of  death — such  has  been  my  practice 
always;  if  the  post  mortem  was  not  complete  it 
obscures  the  results  in  so  far  as  it  was  not 
complete. 

Mr.  Syester — “Obscures  the  result?” 

Dr.  Reese — Yes,  sir. 

Mr.  Syester — That  is  a  very  good  word,  the 
best  that  could  he  used. 

Dr.  Reese  then  alluded  to  an  instance  in 
which  a  father  heat  his  daughter,  and  she 
died,  and  the  father  was  arrested.  •  Only  the 
post  mortem  revealed  the  cause  of  death — 
namely,  the  -Mng  of  arsenic  hy  the  girl. 

Mr.  Syester  here  objected, but  it  was  too  late. 

Dr.  Reese  continued — Soma  years  ago 
I  was  called  upon  to  examine  for 
poison  in  the  stomach  of  a  man  who 
|  had  died  under  suspicious  circumstances; 


90 


THE  WHARTON-KETCHUM  TRIAL. 


after  a  laborious  examination  I  found 
nothing,  but  it  was  discovered  that 
a  vessel  of  the  brain  had  burst,  and  the 
man  bad  died  of  apoplexy;  a  poison  is  a 
noxious  substance,  which,  when  taken  into 
the  body,  produces  dangerous  and  some¬ 
times  fatal  effects;  tartar  emetic  is 
believed  by  high  authorities  to  operate  iu  two 
ways— by  absorption  into  the  blood  and  irri¬ 
tation  of  the  mucous  membrane  of  the 
stomach  and  intestines:  when  this  or  any 
other  noxious  substances  goes  into  the  circu¬ 
lation  the  effort  of  nature  is  to  throw  it  out 
from  the  system,  and  that  is  accomplished  by 
certain  organs — t he  liver,  spleen,  kidneys, 
lungs  and  some  other  organs;  poison  is  only 
active,  it  is  believed,  while  it  circulates  in  the 
blood,  unless  of  the  class  which  operates  by 
direct  irritation  of  the  mucous  membrane. 

The  Court  here  adjourned  until  10  A.  M.  to¬ 
morrow.  The  attendance  upon  the  trial  to- 
•day  was  very  small. 


TWE.liTY-FOl'RTM  S>AY. 

Annapolis,  January  2, 1872. 

The  war  of  the  experts  continues,  and  a 
strong  effort  is  being  made  by  the  defence  to 
develop  what  they  consider  the  real  state  of 
the  case. 

Upon  the  opening  of  the  Court  to¬ 
day  Ur.  lieese,  of  Philadelphia,  was  re-  \ 
c  riled  for  continued  examination  by  the 
defence.  In  answer  to  Mr.  Steele,  who 
recalled  him,  to  a  chemical  inquiry,  he 
testified — Crystalline  substances  always  as¬ 
sume  a  definite  geometrical  form  when  the 
solution  passed  inte  a  solid  condition;  this  crys¬ 
talline  form  is  i  nvariable  to  the  same  substance; 
there  may  be  a  variation  as  regards  the  corners 
and  edges  of  the  crystals,  but  the  angles  of 
the  plane  are  fixed  and  invariable;  chemists  de¬ 
termined  the  measurement  absolutely  by 
using  the  gonniometer;  if,  therefore,  a  drop  of 
solution  bo  allowed  to  evaporate  on  a  glass  ! 
slide  and  to  develope  crystals,  and  another  j 
drop  be  treated  similarly,  and  there  is  not  an 
identity  of  crystals,  I  should  infer  that  they 
were  not  the  sftme  substances,  that  is,  so  far  as  ; 
that  experiment  is  concerned;  the  very  first 
thing  to  be  established  iu  weighing  such  a 
residue  as  Professor  Tonry  had  is  to  he  abso 
lutely  certain  as  to  the  nature  of  the  sub¬ 
stance  you  are  about  to  weigh,  aud  from 
which  .you  are  to  deduce  results;  the  nature 
of  the  precipitate  in  question  has  not  been 
determined;  it  has  been  admitted  to 
have  been  composed  partly,  at  least, 
of  coloring  matter,  which  is  organic 
matter,  aud  partly  of  sulphur;  in  j 
my  opinion  the  first  step  was  defective,* 
namely^,  an  exact  knowledge  of  the  substance; 
in  weighing  the  greatest  possible  care  is  ne¬ 
cessary  and  is  demanded;  in  the  first  place  the 
drying  of  the  substance  is  a  very  important 
matter;  if  I  remember  correctly,  Professor 
Tonry  stated  that  he  dried  his  precipitate  in  a 
beaker  glass  over  a  water  bath;  I  think  that 
would  not  completely  dry  the  substance 
as  it  would  leave  some  moisture  iu  it 


I  think  it  should  have  been  exposed 
to  a  drying  oven  for  several  hours, 
where  the  temperature  was  at  least 
twelve  or  fifteen  degrees  higher  than  two 
hundred  and  twelve;  then  it  should  have  been 
placed  upder  a  bell  glass  in  which  was  a  ves¬ 
sel  containing  sulphuric  acid;  this  should 
have  been  continued  until  the  temperature  of 
the  precipitate  was  the  same  as  the  tempera 
ture  of  the  air;  then  it  should  have  been 
placed  on  the  balance,  carefully’  avoiding  the 
touching  of  the  beaker  even  at  the 
rim  with  the  hands;  it  should  only  be 
handled  with  delicate  forceps,  which  would 
leave  no  moisture;  then,  having  accurately 
weighed  it,  it  should  have  been  again  placed 
under  the  bell  glass  for  several  hours,  and 
weighed  a  second  time,aud  if  weight  was  found 
to  have  been  lost,  the  processvshould  have  been 
repeated  until  it  ceased  to  lose  any  weight; 
this  is  in  my  opinion  what  should  have  been 
doue;  there  are  no  symptoms  which  are  ex¬ 
clusive  to  tartar  emetic  poisoning;  none  by 
which  it  can  be  recognized  infallibly;  with 
the  exception  of  one  or  two  organic 
poisons,  there  are  no  symptoms  by 
which  any  poison  can  be  exclusively  recog¬ 
nized;  there  are  some  dozen  irritant  poisons, 
whose  symptoms  closely’  resemble  each  other; 
if  a  poison  could  be  recognized  by  the 
symptoms  alone,  it  would  not,  of  course 
be  uecessary  to  make  a  chemical  analysis; 
there  are  many  diseases  wiiose  symp¬ 
toms  resemble  closely’  those  produced  by 
symptoms  closely  resemble  those  of  tartar 
irritant  poisons,  and  also  narcotic  poisons,  and 
I  may  also  mention  tetanic  poisons,  so  called, 
or  spinal  irritants  as  they  are  also  called;  first 
I  will  mention  cholera  morbus,  especially  in 
its  initial  stages,  and  the  disease  known  to 
physicians  as  gastro-entronitis,  or  inflamma¬ 
tion  of  the  stomach  and  bowels;  peritonitis 
might  also  be  confounded  with  it  in  some  of 
its  stages,  and  there  are  some  others  whose 
emetic  poisoning;  when  a  poisonous  dose  of 
tartar  emetic  is  taken  it  very  soon  pro¬ 
duces  intense  nausea,  followed  by  the 
most  violent  vomiting  and  purging: 
there  is  also  a  sense  of  constriction  iu  the 
throat;  there  are  also  violent  pains  in  the  ab¬ 
domen,  caused  by  the  irritation  of  the  mucous 
membrane  of  the  stomach;  there  is  excessive 
prostration,  the  whole  muscular  system  being 
relaxed;  the  pulse  becomes  small  an  frequent, 
in  consequence  of  the  depressing  influence  of 
the  poison  on  the  heartjthere  is  usually  consid¬ 
erable  perspiration;  the  secretions  generally 
are  increased,  especially  the  secretions  from 
the  kidneys;  in  some  exceptional  cases  the  I 
poison  seems  to  act  on  the  nervous  centres  I 
through  absorption,  producing  -onvulsinua 
and  somet  imes  delirium;  that  1  think  is  about 
the  description;  the  color  of  the  fact  varies; 

I  have  seen  in  my  practice  but  one  case  of 
tartar  emetic  poisoning,  and  then  there 
was  a  pallor  in  the  lace;  the  appearance  of  the 
tongue  also  varies;  in  the  back  part  of  the 
tongue  there  are  little  apthous  ulcerations; 
as  tartar  emetic  is  a  decided  irritant,  and 
occasionally  produces  that  apthous  ulceration  i 
on  the  tongue  of  even  a  living  person,  it  fre- 1 
queutly  extends  down  into  the  stomach  and  I 
bowels. 


THE  WHARTON-KETCHTJM  TRIAL. 


91 


Mr.  Steele  here  read  from  Wharton 
and  Stille’s  Medical  Jurisprudence,  page  508, 
and  the  witness  said  he  emphatically  agreed 
with  the  opinion  there  expressed,  that  the 
symptoms  of  tartar  emetic  poisoning  closely 
resemble  those  of  cholera  morbus. 

Dr.  Reese  then  called  the  attention  of  Mr. 
Steele  to  the  mention  made  of  a  parallel  case  ci¬ 
ted  on  page  64  of  Dr.  Wood’s  work  on  therapeu¬ 
tics.  He  continued — I  would  not  pronounce  this 
case  here  a  case  of  poisoning,  from  the  symp¬ 
toms  alone;  a  pathological  examination  would 
not  always  determine  the  cause  of  death;  I 
heard  the  testimony  of  Drs.  Williams,  Chew 
and  Miles;  I  should  not  form  the  opinion  that 
General  K.  died  of  poisoning  from  the  symp¬ 
toms  of  the  disease  and  the  post  mortem 
combined,  and  for  the  reason  that  such 
symptoms  aud  such  post  mortem  signs 
might  be  logically  accounted  for  from 
natural  causes;  there  are  many  natural 
causes  or  diseases  to  which  hi3  death  may 
be  logically  attributed ;  a  physician  who 
merely  hears  the  details  of  symptoms  in  any 
particular  case,  cannot  so  well  make  up  his 
mind  as  to  the  actual  cause  of  death  as  if  he 
had  witnessed  them;  still,  taking  together 
all  the  symptoms  in  this  c  se,  they  would 
seem  to  indicate  some  disease  which  spe¬ 
cially  affected  the  brain  and  spinal  mar¬ 
row;  a  disease  of  this  character  was  indi¬ 
cated  by  Prof.  Donaldson,  of  Baltimore  ;  ce- 
rebro  spinal  meningitis  is  the  name  of  the 
disease;  its  name  denotes  inflammation  of  the 
membranes  of  the  brain  and  of  the  spinal 
marrow;  the  symptoms  in  General  K.’s  ease, 
which  strongly  resemble  those  of  this  disease, 
were  the  pain  in  the  head,  especially  the  back 
part  of  the  head  and  neck,  extending  down 
the  back — the  pain  extending  around  the  ab¬ 
domen;  the  lividity  of  the  face,  the  suppres¬ 
sion  of  the  secretion  of  the  kidneys,  the  ex¬ 
cessive  sensitiveness  of  the  skin,  termed  hy¬ 
peresthesia;  the  rigid  contraction  of  the 
muscles  of  the  neck,  and  more  particularly 
the  bending  back  of  the  body  in 

;he  arched  form,  which  is  called  opos- 
hotonos,  the  partial  delirium  aud  the 
jondition  of  the  eye;  those  are  symptoms  char- 
icteristic  of  this  disease;  then  there  may  have 
ieen  possibly  another  disease  called  spontan- 
lous  tetanus;  though  a  very  rare  disease,  it 
lot  unfrequently  occurs:  some  of  the  symp¬ 
toms  strongly  resemble  those  of  that  disease; 
hose  are  the  two  diseases  whose  symptoms 
■  think  most  resemble  those  described  by  the 
attending  physician:  I  confess  that  Gen.  K.’s 
ymptoms  all  day  Tuesday  and  on  Wednes- 
iay  morning  presented  to  my  mind  an  idea 
if  an  overdose  of  laudanum,  though  the  symp 
oms  presented  during  the  last  hours  of  his 
ife  were  not  those  which  usually  accompany 
r.  fatal  dose  of  opium;  convulsions  do,  how- 
ver,  some  time  attend  fatal  cases  of  opium, 
mt  these  are  more  frequent  in  children  than 
n  adults;in  poisoning  by  opium,  as  a  rule,  the 
(pupils  of  the  eyes  are  contracted,  hut 
t  is  by  no  means  invariable;  in  experi¬ 
ments  made  by  myself  on  animals  with 
pium,  the  pupils  were  first  dilated  and  then 
ontracted;  Taylor  mentions  a  case  of  opium 
oisoning  in  which  one  pupil  was  contracted 
nd  the  other  dilated,  showing  the  uncertainty 


of  this  symptom;  I  hardly  think  that  an  exam¬ 
ination  of  only  two  inches  of  the  spinal  cord 
would  have  decided  whether  General  Ketehum 
died  of  poisoning  or  from  a  natural  cause;  this 
violent  disease  (cerebro  spinal  meningitis) 
does  not  invariably  leave  any  lesions  by 
which  it  can  be  discovered  after  death;  these 
are,  however,  exceptional  cases;  the  examina¬ 
tion  of  tho_  membranes  of  the  brain  of 
General  K.  did  not  disclose  any  such  lesions; 
but  as  the  spinal  cord  was  not  examined,  it  is, 
of  course,  impossible  to  say  what  was  the  con¬ 
dition  of  its  membranes;  the  two  inches  spoken 
of  as  having  been  examined  could  not  disclose 
the  condition  of  the  whole  spinal  marrow  be¬ 
low  it;  I  would  like  to  add  here  nausea  as  a 
frequent  accompaniment  to  cerebro  spinal 
meningitis,  especially  in  its  early  stage; 
I  do  not  know  in  my  own  experience  of 
the  absence  of  these  lesions,  but  the  au¬ 
thorities  cite  many  cases:  it  not  unfre- 
qnently  happens  in  cases  of  death  from  con¬ 
vulsive  diseases  that  no  lesion  is  discovered 
after  death;  this  occurs  especially  m  those 
convulsive  diseases  known  as  epilepsy  and 
hydrophobia,  and  sometimes  in  tetanus;  there 
are  antidotes  for  many  poisons,  but  for  some 
there  are  none;  an  antidote  is,  chemically 
speaking,  a  substance  which  combines  with 
the  poison,  rendering  it  inert,  the  new  chemi¬ 
cal  compound  being  inert;  if  a  physician  finds 
a  case  of  poison,  the  first  thing  is  to 
give  a  strong  emetic,  then  use  the  stomach 
pump,  and  then  administer  the  antidote; 
the  best  antidote  for  tartar  emetic  poisoning 
is  some  vegetable  astringent,  such  as  an  in¬ 
fusion  of  nut  galls  and  tea  and  oak  bark;  their 
tetanic  acid  combines  with  the  oxide  of  anti¬ 
mony  and  forms  a  neutral  tannate  of  anti¬ 
mony;  the  post  mortem  signs,  as  mentioned, 
are  chiefly  of  a  negative  character,  and  do 
not  show  anything  of  a  decided  character; 
they  are  not  such  as  I  would  expect  to  find 
in  a  case  of  tartar  emetic  poisoning, 
chiefly  for  the  absence  of  signs  of  decided  in¬ 
flammation  in  the  stomackand  the  alimentary 
canal;  I  would  add  here  the  absence  of  con¬ 
gestion  of  the  lungs-  and  of  the  general  en¬ 
gorgement  of  the  venous  system;  neither  the 
symptoms  nor  post  mortem  revelations  present 
to  my  mind  an  ind  cation  of  tartar  emetic 
poisoning;  viewing  the  case  exclusively  as  to 
the  symptoms  aud  post  mortem,  I  may  say 
that  the  death  may  he  fairly  attributed  to  a 
natural  cause;  the  symptoms  may  have  been 
aggravated  by  what  was  administered;  even  an 
ordinary  meal  in  some  eases  might  result 
fatally;  such  cases  have  been  reported. 

Mr.  Steele — You  have  heaid  the  testimony 
of  the  symptoms  and  condition  of  General 
Ketehum  <  n  Wednesday  morning.  Supposing 
the  last  dose  administered  to  him  to  have 
contained  tartar  emetic,  could  it  have  caused 
his  death  ? 

Dr.  Reese — From  General  Ketchnm’s  symp¬ 
toms,  especially  towards  1  o’clock,  1  should 
have  considered  him  in  a  dying  condition;  if 
the  last  dose  administered  to  him  contained  a 
fatal  dose  of  tartar  emetic,  I  should  certainly 
have  expected  it  to  have  produced  at  once 
violent  symptoms  of  vomiting  and  also  of 
purging;  as  these  are  the  natural  aud  obvious 
symptoms  of  that  emetic  poison,  I  should  not, 


92 


THE  WHAETON-KETCHUM  TRIAL. 


in  their  absence,  infer  that  such  poison  had 
been  given. 

Dr.  Reese  continued — I  am  somewhat  ac¬ 
quainted  with  the  effects  of  chloral  and  chlo¬ 
roform;  I  think  both  valuable  remedies; 
deaths  from  chloroform  are,  however,  of  fre¬ 
quent  occurrence  when  it  is  used  by  inhal¬ 
ing:  it  is  not  considered  nearly  so  safe  as 
etlier;  as  regards  hydrate  of  chloral  it  has  been 
iu  use  as  a  medicine  only  about  two  or  three 
years;  it  is  a  valuable  remedy  for  relieving 
pain  and  producing  sleep,  but  its  precise 
mode  of  operation  is  not  jmt  distinctly  under¬ 
stood:  a  number  of  deaths  have  been  reported 
as  resulting  from  the  use  of  chloral;  the  Ger¬ 
man  authority,  Liebreck,  has  a  notion  that 
when  the  hydrate  of  chloral  enters  the  blood 
it  is  converted  into  chloroform  and  forineate 
of  soda:  I  think  this,  however,  a  mere,  specu¬ 
lation;  it  has  never  been  proven,  but  it  is  quite 
possible  that  it  might  form  other  substances 
iu  the  blood;  Berzilleus  has  shown  us  that 
oxalic  acid  might  be  one  of  its  products;  ox¬ 
alic  acid  is  poisonous  in  large  quantity;  other 
poisonous  substances  might  be  produced  by 
its  action;  its  precise  action  has  not  been  de¬ 
termined;  I  have  not  used  gelseminum  in  my 
practice,  and  cannot  speak  from  personal  ob¬ 
servation;  there  are  various  speculations  and 
ideas  as  to  its  actions;  I  should  say  it  was  a 
depressant  rather  than  an  excitant;  Wood  and 
Bache  so  speak  of  it. 

Cross-examined  by  Mr.  Syester— My  only 
profession  is  the  practice  of  medicine;  I  have 
occupied  for  seven  years  my  present  Chair  of 
Medical  Jurisprudence  and  Toxicology;  I 
graduated  in  the  institution  of  which  I  am 
now  a  Professor;  I  was  for  nine  years  a  Pro¬ 
fessor  of  Chemistry  in  the  Medical  Depart¬ 
ment  of  the  University  of  Philadelphia;  I 
can’t  say  that  I  have  had  any  prac¬ 
tical  knowledge  of  the  effects  of  yellow 
jasamine;  the  authors  do  not  concur  in 
saying  it  is  a  depressant;  there  is  very  little 
literature  on  the  subject  of  the  action  of  gel- 
seminum;  I  have  read  Dr.  Williams’  article  on 
the  subject;  Berzelius  is  a  chemical  writer  ex 
clusively;  I  do  not  know  that  he  demonstrated 
Lis  theory  which  I  have  here  stated;  in  cases 
of  tartar  emetic  poisoning  there  will  not  al¬ 
ways  be  discoverable  after  death  the  charac¬ 
teristic  signs;  it  may  be  there  will  also  be  no 
signs  of  irritation  in  the  intestines  and  ali¬ 
mentary  canal:  the  congestion  of  the  lungs 
is  not  an  invariable  accompaniment;  I 
cannot  say  that  a  general  engorgement 
of  the  veins  is  an  invariable  accompaniment; 
I  have  never  examined  a  case  of  tartar  emetic 
poisoning,  and  my  information  on  the  subject 
had  been  obtained  from  the  books  and  what 
has  been  told  me;  there  was  nothing  special 
in  the  post  mortem  revelations  which  showed 
tire  cause  of  death:  I  should  describe  them  as 
of  a  negative  character  and  not  as  indicating 
anything  specially;  the  examination  made  of 
the  brain  might  indicate  some  obscure  disease 
ot  the  brain;  they  did  not,  however,  to  my 
mind:  they  might  be  accounted  for  as  changes 
occurring  after  death;  I  have  known 
deaths  from  decided  diseases  of  the 
brain  and  upper  portion  of  the  spinal  cord 
and  the  brain,  and  on  examination  I  did  not 
discover  more  decided  lesions  than  those  ob¬ 


served  in  the  brain  of  General  Ketchmn:  that 
case  I  attended  myself,  and  the  symptoms  be¬ 
fore  death  brought  me  to  that  opinion:  they 
were  very  similar  to  those  of  General  Ketehum, 
namely :  Violent  pain  in  the  head  and  back, 
tetanic  rigidity  of  the  muscles  of  the  neck, 
some  delirium  and  automatic  putting  of  the 
hands  to  the  head;  I  had  expected  to  find  de¬ 
cided  lesions  after  death,  but  merely  found 
some  slight  congestion,  which,  if  I  had  merely 
seen  after  death,  without  witnessing 
the  symptoms,  I  would  not  have  considered  as 
accounting  for  death;  I  had  been  attending  the 
patient  for  ten  days  or  two  weeks,  but  the  se¬ 
vere  symptoms  did  not  come  on  until  within  a 
day  or  two  of  deathithey  gradually  increased  in 
severity  from  the  time  of  their  first  appear¬ 
ance,  and  the  patient  died  uuconcious,  the 
disease  being  some  disease  of  the  brain,  aud  I 
simply  gave  in  the  certificate  disease  of  the 
brain;  I  only  examined  the  brain  and  the 
upper  portion  of  the  spinal  cord;  the  patient 
became  very  delirious  at  times  two  or  three 
days  before  death;  1  regarded  that  as  a  deci¬ 
ded  symptom,  and  it  became  more  decided 
and  more  continuous  before  his  death;  it 
became  continuous  within  one  or  two  days 
before  death. 

Dr.  Reese  continued — Berzelius  has  shown 
that  chloral  might  produce  several  substances 
\  iu  he  blood;  the  symptoms  from  chloroform 
or  oxalic  acid  would  differ  from  those  of  an 
over  dose  of  chloral;  the  congestion  of  tho 
membranes  of  the  brain  may  ha-^e  been  pro¬ 
duced  by  natural  disease  or  the  convulsions 
before  death;  there  was  in  the  case  I  ex¬ 
amined  a  slight  congestion  about  the  base  of 
the  brain;  I  should  not  term  it  an  active 
cougestion;  it  was  arterial  rather  than  venous: 
it  was  visible  to  the  naked  eye;  1 
did  not  examine  it  with  a  microscope; 
I  don’t  think  that  Dr.  Miles  said  the 
por  ions  of  General  Ketchnm’s  brain  which 
he  examined  with  the  microscope  presented 
evidences  of  active  congestion  I  have  some 
knowledge  of  diseases  of  the  brain;  mere  pas¬ 
sive  congestion  does  not,  to  my  miud,  gene¬ 
rally  indicate  the  presence  of  disease;  a  gene¬ 
ral  engorgement  of  the  veins  of  tho  brain 
would  indicate  disease,  but  it  might  not  be  a 
disease  of  the  brain;  in  deaths  front  brain  dis¬ 
ease  I  would  say  it  was  a  rule  that  evidences 
of  active  rather  than  passive  congestion 
were  discoverable;  I  don't,  recall  having 
examined  a  case  of  brain  disease  iu  which1 
there  was  no  evidence  of  active  cou¬ 
gestion;  I  don’t  remember  any  particular 
authority  on  the  subject  which  states 
that  active  cougestiou  was  not  observable; 
in  the  case  I  examined  opportunity  was  not| 
afforded  for  further  examination  than  that 
1  made;  to  one  of  the  diseases  which  1  have 
named  as  having  similar  symptoms  to  those 
described  in  General  K.’s  case  might  be  at¬ 
tributed  his  death:  I  attribute  it  to  cerebroi 
spinal  meningitis;  in  the  patient  I  had,  there 
was  a  very  slight  arterial  congestion  at  thel 
base  of  the  brain,  and  in  General  K.’s  case 
there  was  passive  congestion  and  some  little 
points;  there  was  not  in  the  case  1  examined 
and  General  K.’s  any  decided  resemblance  or 
decided  difterence;  from  my  recollection  of 
the  testimony  hore  there  was  au  absence  of 


THE  WHARTON-KETCHUM  TRIAL. 


93 


one  lesion  in  General  K.’s  brain  which  I  ob¬ 
served  in  mine  and  which  led  me  to  the 
opinion  that  he  died  from  cerebro  spinal 
meningitis;  in  my  case  there  was  not  an  ab¬ 
sence  of  passive  congestion,  but  only  a 
very  slight  arterial  congestion;  if  a  patient 
had  been  in  the  condition  here  described  to 
have  been  that  of  General  Ketchum  on 
Wednesday  morning,  and  a  dose  of  yellow 
jassamine  had  been  administered  &t  1  o’clock, 
I  am  not  well  enough  acquainted  with  its 
effects  to  say  what  would  have  been  its  effects; 
if  tartar  emetic  had  been  given  at  that  hour, 
I  do  not  think  it  would  have  produced  the 
symptoms  described:  tartar  emetic  produces 
great  pain  in  the  stomach,  which  is  usually 
accompanied  by  violent  vomiting  and  purg¬ 
ing;  convulsions  are  exceptional;  they  are 
alternating  convulsions,  sometimes  said  to  be 
tetanic;  I  heard  in  this  case  of  symptoms 
which  led  me  to  the  opinion  that  he  had 
tetanic  convulsions  before  the  last  dose 
was  administered;  I  remember  that  Gen¬ 
eral  Ketchum  said  he  had  pain  in  his  stomach; 
from  my  recollection  of  the  symptoms 
and  post  mortem,  I  would  ascribe  the  convul¬ 
sions  to  a  fuller  developement  of  the  disease 
already  existing,  and  as  having  no  natural 
connection  with  the  last  dose  given  him;  I 
should  not  ascribe  them  to  yellow  jassamine;  I 
think  that  at  the  time  the  chloral  or  chloroform 
were  administered  it  would  not  have  any  effect 
either  one  way  or  the  other;  I  think  it  tartar 
emetic  had  been  in  the  last  dose,  it  would  have 
produced  great  prostration,  and  that  if  it  had 
produced  any  effects  at  all.  it  would  have  re¬ 
laxed  the  muscles;  tartar  emetic  was  dually 
used  to  overcome  rigidity  of  the  muscles;  if  a 
dose  of  tartar  emetic  had  been  given  in  anysize, 
it  would  not  have  had  the  effect  of  overcoming 
the  effects  of  the  chloral  and  yellow  jassamine; 
I  don’t  recall  that  the  books  say  it  would;  tar¬ 
tar  emetic  might  have  neutralized  the  effects 
of  the  chloral  and  yellow  jassamine;  the  books 
say  that  by  taking  repeated  small  doses  of 
tartar  emetic  every  three  or  four  hours  for 
three  or  four  days  the  system  becomes  toleraut 
to  its  whole  action,  and  it  does  not  produce 
vomiting,  and,  that  after  the  system  has  be¬ 
come  thus  accustomed  to  it,  very  large  doses 
may  be  taken  without  any  effects,  except  for 
the  cure  of  certain  diseases  for  which  it  is  in 
that  way  used;  after  a  man’s  stomach  has  be¬ 
come  tolerant  of  tartar  emetic  it  is  possible  to 
kill  him  with  it,  that  is  if  you  give  him  enough 
of  it;  if  the  system  had  become  so  far  tolerant 
of  it  as  not  to  throw  it  off,  I  think  it 
would  lie  in  the  stomach  perfectly  innoxious; 
I  think,  however,  it  is  possible  to  give  even 
then  a  dose  which  wouhl  kill;  Razzori  gave 
as  much  as  60  to  120  grains  a  day  after  a  grad¬ 
uation  administration;  I  don’t  know  that  a 
person  could  not  be  poisoned  by  tartar  emetic 
after  the  system  had  been  made  tolerant  of  it; 
I  don’t  mean  to  say  that  necessarily  vomiting 
and  purging  would  accompany  an  overdose  of 
tartar  emetic;  it  might  be  possible  to  give  an 
overdose  without  producing  vomiting  or  purg¬ 
ing;  the  books  say  that  even  a  fatal  result  has 
been  produced  without  vomiting  or  purging; 
they  do  not  account  for  the  absence  of  those 
symptoms. 

To  Mr.  Revell— I  mentioned  that  the  symp¬ 


toms  of  Gen.  Ketchum  may  have  been  those 
of  cholera  morbus  or  other  cholera;  I  do  not 
think  he  died  from  cholera  morbus;  the  symp¬ 
toms  of  cholera  morbus  are  a  cold  sweat, 
pain  in  the  stomach,  small  and  frequent  pulse, 
purging,  great  prostration  and  pain  sometimes 
in  the  calves  of  the  legs;  I  should  think  what¬ 
ever  of  cholera  morbus  he  may  have  had  ter¬ 
minated  when  hisphysician  took  leave  of  him 
on  Monday;  I  don’t  think  he  died  from  inflam¬ 
mation  of  the  bowels  and  stomach,  called  gas- 
tro-entrinetis:  I  do  not  think  he  died  from 
peritonitis;  the  symptoms  only  suggested  that 
at  one  stage  of  his  attack;  neither  of  these 
diseases,  in  my  opinion,  caused  his  death;  in 
my  judgment  he  did  not  die  from  an  overdose 
of  laudanum,  but  some  of  the  symptoms  indi¬ 
cated  that  for  the  last  three  or  four  hours 
preceding  his  death;  I  have  seen  cases  of 
opium  poisoning,  but  no  fatal  ones;  in 
those  I  witnessed  there  were  no  convulsions; 
in  cases  of  death  from  opium  poisoning  the  pa¬ 
tient  dies  in  complete  coma;  in  some  cases  of 
narcotic  poison  remissions  of  insensibility 
occur;  the  ulcerations  I  spoke  of  finding  in  the 
throat,  from  tartar  emetic,  do  not  always  oc¬ 
cur;  in  some  cases  the  skin  has  pustules  upon 
it,  so  violent  is  the  poison;  Gnsole  is  an 
authority,  but  I  am  not  familiar  with  his 
work. 

Mr.  Revell  then  read  from  Grisole  the 
symptoms  of  tartar  emetic  poisoning,  and  the 
witness  said  he  considered  Grisole’s  statement, 
in  the  main,  correct. 

He  continued — I  consider  the  convulsions 
exceptional.  Mr,  Revell  then  read  from  Taylor 
On  Poisonings,  page  476,  of  the  symptoms 
and  effects  of  tartar  emetic,  and  that  “some¬ 
times”  there  were  tetanic  convulsions.  Dr. 
Reese  continued — Convulsions  may  occur  in 
cases  of  death  from  any  other  cause.  Mr. 
Revell  next  read  from  Taylor’s  Medical  Ju¬ 
risprudence,  page  123,  as  to  the  symptoms  in 
an  acute  case  of  poisoning  from  tartar  emetic, 
and  the  witness  said  he  agreed  with  the  Spin- 
ion  there  expressed. 

Dr.  Reese  continued— The  only  disease  to 
which  I  could  refer  the  symptoms  in  Gene¬ 
ral  It’s  case  is  cerebro  spinal  meningitis;  in  its 
epidemic  form  it  is  very  violent:  Dr.  Alfred 
Stille  is  a  colleague  of  mine,  and  has  written 
a  monograph  on  the  subject  of  cerebro  spinal 
meningitis. 

Mr.  Revell  now  read  from  page  76  of  Dr. 
Stille’s  work,  and  the  witness  said  he  did  not 
agree  with  Dr.  Stille  in  the  opinion  there  ex¬ 
pressed,  if  he  meant  to  exclude  the  idea  that 
in  certain  cases  the  disease  may  prove  fatal 
without  leaving  definite  and  characteristic  le¬ 
sions.  He  continued — Dr.  Stille  is  not  in  accord 
with  other  writers  on  the  subject  of  which  he 
writes;  I  would  cite  here  Drs.  Aitkin,  of  Eng¬ 
land,  Reynolds,  Flint  and  Radcliffe,  and,  I 
think,  Tanner,  another  English  writer;  I  have 
seen  those  books  since  I  have  been  in  Annap¬ 
olis,  and  have  refreshed  my  memory  from 
them;  death  may  occur  without  leaving  any 
positive  pathological  lesions. 

Mr.  Revell  again  read  from  Stille  that  con- 
gestionof  the  brain  was  an  unfailing  accom¬ 
paniment  of  the  disease,  and  the  witness  said 
that  he  believed  that  the  general  rule  was 


94 


THE  W HA R TON-KETCHTJM  TRIAL. 


that  no  positive  pathological  lesions  would  he 
discovered. 

Dr.  Reese  continued — There  is  one  form  of 
the  disease,  called  fulminant,  which  is  rapid 
in  its  effects,  and  the,  absence  of  pathological 
lesions  is  more  particulary  confined  to  cases 
of  that  kiud;  I  think  headache  is,  as  a  rule, 
present,  but  I  do  not  know  myself  that  it  is 
always  present:  I  think  it  one  of  the  most 
characteristic  symptoms:  I  do  not  remember 
that  it  was  here  testified  that  he  had  a  head¬ 
ache;  I  got  a  very  decided  impression  that  he 
had  a  headache  from  his  putting  his 
hands  to  his  head,  the  throwing  back  of 
his  head:  he  might,  however,  have  put  his 
hands  to  his  head  because  of  the  pain  caused 
by  the  ice  bag  put  to  his  head;  his  disease  may 
have  commenced  when  he  had  his  first  sick¬ 
ness;  pain  in  the  head  is  certainly  one  of  the 
accompaniments  of  the  disease.  Dr.  Reese 
here  inquired  if  Stihe  said  anything  about 
the  spinal  marrow,  aud  Mr.  Re  veil  proceeded 
to  read  that  another  symptom  was  vertigo, 
anxiety  at  the  stomach,  and  activity  of  the 
pulse,  and  Dr.  Reese  called  his  attention  to 
the  variety  of  the  symptoms,  and  said  thej' 
all  pointed  to  the  brain  and  spina1  marrow  as 
the  seats  of  the  disease;  it  was  also  declared 
by  Stifle  that  there  was  great  cutaneous  sen¬ 
sitiveness,  so  great,  as  to  cause  a  shiver  when 
touched,  and  the  witness  agreed  that  it  was 
a  decided  symptom. 

Mr.  Revell  continued  to  read  at  some  length 
as  to  the  symptoms,  and  the  witness  said  he 
was  willing  to  accept  the  exhaustive  de¬ 
scription  as  generally  correct,  but  there  were 
symptoms  stated  which  he  did  not  recognize. 

Dr.  Reese  again  asked  to  be  read  what  lhe 
author  said  in  reference  to  the  membranes  of 
the  spinal  marrow,  and  Mr.  Revell  re  d  from 
page  87  on  the  subject  of  t  e  spinal  marrow, 
an  :  found  that  no  mention  was  made  of  the 
condition  of  the  membranes..  Dr.  Reese  said 
he  supposed  the  author  would  have  mentioned 
it,  and  continued--!. do  not  wish  to  be  under¬ 
stood  as  asserting  that  General  Ketchum  uied 
of  cerebro  spinal  meniugitis:  I  thiuk  the 
cause  of  his  death  obscure,  but  the  absence  of 
certain  pathological  lesions  would  indicate 
that  he  died  from  that  disease;  there  was  in¬ 
tense  pain  in  the  upper  part  of  the  spinal 
cord  of  the  patient  I  treated  for  this  disease; 
the  pain  will  sometimes  extend  further  down 
the  cord,  owing  principally  to  the  inflamma¬ 
tion;  I  believe  there  was  pain  and  inflamma¬ 
tion  in  the  upper  part  of  General  Ketchum’s 
spinal  cord;  there  would  not  necessarily  be 
paralysis;  paralysis  of  the  bowels  would  depend 
upon  the  condition  of  the  spinal  cord;  I  mean 
only  to  say  that  there  was  a  probability  that 
General  Ketchum  died  from  this  disease :  I  do 
not  think  he  died  from  poison.  Mr.  Revell 
now  asked  the  witness  if  the  autopsy  was  de¬ 
scribed  correctly,  and  antimony  had  been 
found  in  the  stomach  and  kidneys  and  liver 
of  General  Ketchum,  would  he  believe  that 
he  died  from  poison.  Dr.  Reese  said  it 
would  not  necessarily,  but  would  depend  upon 
the  qu  intity  found:  if  it  was  found  in  a  small 
quantity  it  would  be  entirely  compatible  with 
the  idea  that  it  had  been  originated  front  a 
medicine  used,  or  from  accident,  or  intro¬ 
duced  by  the  impurities  of  the  reactions  used 


by  the  chemist.  He  continued— If  five  grains 
or  upwards  had  been  found,  I  would  then  con¬ 
sider  that  it  had  something  to  do  with  it:  my 
opinion  as  to  the  cause  of  death  would  be 
modified  by  the  discovery  of  that  quantity; 
General  Ketchum’s  symptoms  strongly  indi¬ 
cated  idiopathic  tetanus,  and  the  post  mortem 
appearances  werecompatible  with  that  disease; 
in  idiopathic  tetanus  we  would  look  in  the 
spinal  column  for  the  cause  of  death;  the 
symptoms  rigid  contraction  of  the  muscles  of 
the  neck  and  jaws,  usually  great  pain  in  those 
parts,  sometimes  extending  round  the  back 
and  abdomen,  febrile  action,  not  general, 
very  high,  general  convulsions  sometimes, 
but  the  mental  faculties  not  usually  much 
disturbed;  therefore,  I  do  not  consider  this 
disease  as  answering  to  the  symptoms  ex¬ 
hibited  by  the  deceased  as  closely  as  cerebro 
spinal  meningitis:  I  have  never  known  a  case 
of  tetanus  to  produce  exactly  the  same  symp¬ 
toms  General  Ketchum  exhibited;  there  is  a 
possibility  that  General  Ketchum  died  from 
idiopathic  tetanus,  and  a  probability  that  he 
died  from  cerebro  spinal  meningitis:  probably 
his  death  might  be  attributed  to  many  causes, 
aud  there  are  many  causes  to  which  it  could  not 
be  attributed;  it  may  possibly  be  attributed  to 
poison;  all  unknown  causes  of  death  may  be 
attributed  to  poisons,  aud  that  is  the  reason 
we  make  such  rigid  examinations. 

By  Gonseut,  Mrs.  J.  Hough  Cottman  was 
here  examined  and  testified — I  am  a 
daughter  of  Mrs.  Chubb,  and  lived  with 
her  in  Washington  on  the  17th  of  last  Jan¬ 
uary;  that  day  was  my  sister’s  birth¬ 
day  and  I  remember  it  distinctly;  General 
Ketchum  came  to  the  house;  I  was  iu  the 
parlor  when  he  entered,  and  Mrs.  Wharton 
was  also  in  the  parlor:  I  left,  the  parlwr  almost 
as  soon  as  he  entered;  Mrs.  Wharton  and  Gen¬ 
eral  Ketchum  remained  in  the  parlpr;  iu  a 
few  momentsMrs.  Wharton  came  to  my  room; 
I  went  into  the  parlor  after  General  Ketchum 
left  and  there  were  scraps  of  paper  lying  on 
the  hearth.  [The  witness  was  about  to  nar¬ 
rate  «  conversation,  when  she  was  interrupted, 
and  it  was  agreed  that  it  should  be  under¬ 
stood  that  .Mrs.  Wharton  had  on  that  occasion 
sent  for  General  Ketchum  to  come  to  Mrs. 
Chubb’s  residence.] 

To  Mr.  Syester— Gen.  K.  had  not  left  the  house 
long  before  I  went  back  to  the  parlor:  l  sup¬ 
pose  it  was  about  an  hour  after  Mrs.  Wharton 
had  left  the  room  that  I  re-entered:  G  n.  K. 
was  in  the  parlor  when  Mrs.  Wharton  came 
into  my  room;  I  did  not  see  him:  I  heard  him 
go  out:  my  mother  was  in  Baltimore;  1  am  not 
certain,  but  I  thiuk  I  saw  him  go  out;  1  heard 
him  open  and  shut  the  door;  I  was  familiar 
with  his  walk;  there  was  no  one  else  in  the 
house  except  myself  and  servants;  Mrs.  Whar¬ 
ton  returned  to  my  room;  we  burned  a  grate  in 
the  parlor;  there  are  two  parlors,  and  my  room 
is  over  the  front  parlor;  Gen.  K.  was  in  the 
back  parlor  when  I  left;  the  parlors  connect; 
we  warmed  the  front  parlor  by  a  Latrobe 
stove;  I  do  not  know  which  parlor  Gen.  K. 
went  out  of  when  I  heard  him  go  out,  as  the 
doors  are  close  together;  I  had  the  usual  par¬ 
lor  furniture — sofas,  chairs  aud  tables,  pic¬ 
tures  and  ornaments,  mirrors,  a  piano  aud 
one  book  case. 


THE  WHA R TON-KETCHUM  TRIAL. 


95 


Mr.  Syester,  emphatically — “Was  there  a 
writing  ease  there.”  . 

Mrs.  Cottman,  with  equal  emphasis—  No; 
there  was  not.” 

The  witness  was  then  allowed  to  leave  the 
stand.  She  was  the  most  positive  witness  in 
her  manner  who  has  yet  appeared  in  the  case. 

The  Court  then  adjourned  until  10  A.  M. 
to-morrow,  when  Dr.  Reese  will  be  recalled 
for  continued  cross-examination  by  the  State. 
The  attendance  upon  the  trial  to-day  was 
again  large,  and  the  ladies  were  present  in 
force.  His  excellency,  Gov.  Bowie,  was  pres¬ 
ent  to-day. 


TWEKTY-FIFTffi  EJA'SG 

Annapolis,  January  3, 1872. 

The  scientific  prolificacy  of  the  great  Wharton 
trial  seems  to  be  unending.  Dr.  Reese,  the 
first  medical  witness  called  for  the  defence, 
has  given  opinions  which  show  that  the  medi- 
Ical  facts  and  fictions  connected  with  the 
death  of  General  Ketchutu  are  as  numerous 
as  the  chemical  He  descended,  however, 
from  positive  statements  of  the  fallacies  of 
the  chemical  analyses  to  medical  probabili¬ 
ties  and  possibilities  of  the  cause  of  death. 

Upon  the  o  eningofthe  Court  to-day  Dr. 
Reese  was  recalled  by  the  State,  and  in  an¬ 
swer  to  Mr.  Revell  testified— 1  never  held  an 
autopsy  of  a  case  of  tartar  emetic  poisoning; 
the  lesions  usually  found  in  such  a  case  are 
excessive  irritation  of  the  mucous  membrane 
of  the  stomach  and  bowels,  congestion  more 
or  less  of  the  lungs;  usually,  if  I  remember 
right,  an  empty  condition  of  the  left  side  of 
the  heart,  with  engorgement  of  the  right  side, 
and  general  venous  fullness;  but  the  lesion 
most  constantly  present  is  the  irri¬ 
tation  of  the  mucous  membrane  of 
the  stomach  and  bowels;  that  irrita¬ 
tion  is  produced  sometimes  even  if  the  sub- 
.  stance  be  not  swallowed  into  the  stomach, but 
if  access  be  gained  to  the  blood  through  some 
other  avenue,  because  tartar  emetic,  like  ar¬ 
senic,  seems  to  have  a  special  affinity  for 
this  membrane,  even  if  applied  to  the  ex¬ 
ternal  skin,  it  will  produce  its  specific  action 
upon  the  mucous  membrane.  Mr.  Revell  now 
read  to  the  witness  from  page  462,  of  Stille’s 
Thereapeutics,  and  called  his  attention  to  the 
statement  there  made  of  the  discovery  of  in¬ 
ternal  lesions  and  the  softening  of  the  mu- 
!  sous  membrane,  and  that  none  of  those  les¬ 
ions  occur  frequently.  Dr.  Reese  said  those 
lesions  were  evidences  of  the  most  intense  ir- 
"itation,  and  that  he  agreed  in  the  main  with 
Dr.  Stille. 

He  continued— Sphacelus  is  very  rare,  but 
t  sometimes  proceeds  to  produce  death  or  the 
■  lestruction  of  the  part  it  affects.  Mr.  Revell 
next  read  from  page  645  of  Stille’s  work,  and 
Dr.  Reese  said  lie  would  expect  the  violent 
lymptoms  of  tartar  emetic  poisoning  to  show 
hemselves  in  fifteen  or  twenty  minutes  after 
;he  administration  of  the  poison.  Mr.  Revell 
ihen  read  the  case  cited  by  Stille  on  page  645. 


Dr.  Reese  said  Stille  alluded  to  a  remarkable 
exceptional  case  in  which  a  man  took  240  grains 
and  did  not  vomit  for  two  hours,  and  finally 
recovered. 

Mr.  Revell  again  read  from  page  646,  giving 
Stille’s  statement  of  the  symptoms  of  tartar 
emetic  poisoning,  and  Dr.  Reese  did  not  agree 
in  the  inference  there  given  that  the  nervous 
system  was  afflicted  by  non-production  of 
vomiting. 

Dr.  Reese  continued — Cases  are  reported  of 
death  from  poisoning  in  which  the  poison 
could  not  be  discovered  by  chemical  analysis; 
this  is  especially  true  of  organic  poisons;  all 
the  authorities  are  full  of  this;  in  cases  of  the 
non-detection  of  the  poison  we  should  always 
be  able  to  give  a  reason  for  not  detectingthe 
poison;  if  it  is  there  it  should  be  detected  in¬ 
fallibly. 

Mr.  Revell  now  read  the  statement  of[Worm- 
ley,  on  page  56  of  his  “Micro-Chemistry,”  as  to 
tii e  large  number  of  cases  of  poisoning,  in 
which  the  poison  could  not  be  detected,  and 
Dr.  Reese  said  he  knew  they  were  frequent. 

Dr.  Reese  continued — A  fatal  dose  of  tartar 
emetic  is  variable;  Orfila  reports  that  in  one 
case  out  of  four,  forty  grains  produced  death, 
but  cases  of  death  from  much  smaller  doses 
are  reported. 

Mr.  Revell  now  read  from  Wormley  on  the 
subject  of  the  fatality  of  tartar  emetic. 

Dr.  Reese  was  now  re-called  to  the  case  in 
his  practice  which  he  had  cited  yesterday,  in 
which  he  had  found  no  active  congestion  of' 
the  brain,  and  at  Mr.  Revell’s  request  gave  a 
statement  of  his  patient’s  symptoms  m  attacks 
previous  to  the  one  which  proved  fatal;  he 
was  a  gentleman  largely  and  closely  engaged 
in  financial  matters,  and  the  witness  attribu¬ 
ted  his  death  somewhat  to  that  cause. 

To  Mr.  Syester— I  said  Professor  Aikin’s  an¬ 
alysis  lacked  confirmation  in  three  ways;  the 
failure  to  produce  the  metal  was  one  of  the 
reasons  I  gave. 

Mr.  Syester — If  antimony  or  arsenic  are 
present  in  a  given  macter.  are  there  any  pro¬ 
cesses  known  to  you  by  which  it  can  lie 
proved  without  separation? 

Dr.  Reese — No,  sir;  especially  if  in  connec¬ 
tion  with  organic  matter;  some  of  the  books 
say  that  the  presence  of  antimony  may  be 
proved  without  its  separation  in  the  metallic 
form,  but  the  weight  of  the  authorities  is  de¬ 
cidedly  against  such  an  opinion. 

Mr.  Syester  now  read  from  Wharton  and 
Stille’s  Medical  Jurisprudence,  section  656,  as 
to  the  propriety  of  the  addition  of  the  tartaric 
acid  and  the  reasons  for  its  addition.  Dr. 
Reese  said  he  recognized  the  work  cited  as  an 
authority,  and  said  the  form  there  described 
was  a  very  good  form  of  metallizing  anti¬ 
mony.  He  continued— If  it  was  not  crystal¬ 
line  at  all  it  would  be  amorphous.  Dr.  Reese 
said  the  further  statement  of  the  results  from 
bismuth  was  perfectly  correct  if  the  pure  metal 
was  first  obtained.  Dr.  Reese  continued — I 
condemn  the  use  of  tartaric  acid  if  you  wish 
to  separate  the  antimony  from  the  arsenic. 
Mr.  Syester  read  further,  comparing  the  pro¬ 
cess  Wormley  commends  and  the  one 
used  by  Professor  Aikin,  and  Dr.  Reese  said 
Professor  Aikin  should  have  first  filtered  the 
cloud  he  obtained,  if  possible,  so  as  to  remove 


96 


THE  WHARTON-KETCHUM  TRIAL. 


the  acid,  before  addins:  the  sulphide  of  am¬ 
monium;  if  that-  precipitate  or  cloud  had  been 
pure  oxide  chloride  of  antimony,  and  had  been 
touched  with  the  sulphide  of  ammonium,  it 
would  have  given  the  characteristic  orange 
red  of  antimony,  and  not  otherwise;  if  it  was 
not  filtered  off,  and  entirely  free  from  the  acid, 
the  result  must  have  been  necessarily  unre¬ 
liable;  Dr.  Aikin  boiled  his  precipitate  in 
hydrochloric  acid,  but  I  do  not  remember 
what  he  said  was  the  color  of  the  precipitate 
he  thus  obtained;  it  was  brownish  red  or 
reddish  brown;  it  ought  not  to  have  been 
colorless, even  if  it  had  not  been  antimonialjif  it 
had  been  a  colorless  liquid  I  cannot  say  what 
would  have  been  the  result  if  sulphide  of 
antimony  had  been  put  info  it;  you  ask  me  a 
chemical  impossibility,  and  I  do  DOtwish  to 
be  understood  to  be  equivocating. 

Mr.  Syester  now  read  from  pages  127  and 
128  of  Taylor’s  Medical  Jurisprudence,  and 
Dr.  Reese  said  the  process  there  laid  down 
was  correct,  and  that  Dr.  Aikin  had  followed 
that  process  exactly,  yet  it  was  fallacious  in 
it  results.  Mr.  Syester  read  further,  and 
after  considerable  questioning  Dr.  Reese  said 
he  found  fault  with  them  all,  because 
the  same  results  might  be  obtained  from 
other  substances,  especially  if  yellow  jessa¬ 
mine  and  chloral  were  present. 

Mr.  Syster  then  read  from  Wormley,  page 
233,  and  Dr.  Reese  said  Prof.  Aikin  was  right, 
except  that  he  got  a  cloud  instead  of  a  pre¬ 
cipitate.  He  continued: — Taylor’s  Medical 
Jurisprudence,  pages  127,  128;  Wharton  &. 
Stille,  Medical  Jurisprudence,  (150  sec;  Turner, 
page  6;  Wormley,  p.  233,  are  all  right  as  to 
their  method  of  proceeding,  but  their  conclu¬ 
sions  of  the  presence  of  antimony  are  erro¬ 
neous,  that  is  as  to  the  substances  being  neces¬ 
sarily  antimony,  and  for  this  reason,  the 
presence  of  organic  matters  and  especially  of 
jessamine  and  chloral,  as  lately  demonstrated 
by  Professor  McCulloch  will,  under  the  same 
process  produce  precisely  the  same  results 
up  to  a  certain  point;  first,  an  orange  red  pre- 
cintate  is  formed,  identical  in  appear¬ 
ance  with  the  orange  red  precipitate  of  ant- 
mony;  second,  the  boiling  of  this  precipitate 
in  hydrochloric  acid,  dissolved  it;  and  third, 
the  formation  of  a  white  cloud  which  may 
become  a  precipitate  when  that  hydro¬ 
chloric  solution  is  thrown  into  water;  if 
this  cloud  is  redissolved  in  muriatic  acid, 
it  will  give  a  yellowish  or  reddish  brown 
color  upon  the  addition  to  it '  of  sul¬ 
phide  of  ammonium,  and  this  without  the 
presence  of  a  particle  of  antimony;  here  it 
should  be  observed  that  the  ouly  point  of 
distinction  between  the  two  cases  is 
the  single  fact  that  this  white 
cloud  is  soluble  in  tartaric  acid  if  the  anti¬ 
mony  is  present,  not  combined  with  organic 
matter,  but  if  there  is  no  antimony  present  I 
cannot  say  what  would  be  the  result;  I  know 
that  all  organic  matter  will  give  nearly  the 
same  result,  and  the  results  from  yellow  jes¬ 
samine  are  truly  remarkable;  I  think  the  ex¬ 
periments  by  Professor  McCulloch  have 
opened  up  a  new  field  for  investigation,  and 
that  is  why  I  say  the  tests  you  have  found  in 
the  books  are  fallacious;  Professor  McCulloch 
has  developed  the  remarkable  similar¬ 


ity  in  color;  a  remarkable  change 
takes  place  after  the  precipitate  is  ex¬ 
posed;  it  soon  changes  to  a  black; 
if  antimony  had  been  present  in  the  stomach 
of  General  Ketchum  with  the  yellow  jessa¬ 
mine  and  chloral,  I  think  the  precipitate  he 
obtained  would  have  turned  dark.  Mr.  S.v 
ester  here  sent  for  the  vessels  containing  the 
mixtures  Professor  McCulloch  had  made,  and 
they  were  brought  into  Court;  they  looked 
black. 

Dr.  Reese  continued — Professor  McColloch 
rested  the  reagents  he  used  in  the  exper¬ 
iments  he  made  in  my  presence;  I  dont  know 
that,  lie  tested  the  yellow  jessamine  he  used, 
and  I  don’t  know  that  Dr.  Williams  tested 
the  yellow  jessamine  he  administered. 

Mr.  Syester— Never  mind;  Dr.  Williams  is 
no  chemist. 

Dr.  Reese — But  if  he  had  tested  the  yellow 
jessamine,  and  found  antimopy,  that  would 
nicely  account  for  its  presence  after  using  the 
yellow  jessamine. 

A  vial  containing  a  mixture  Professor  Mc¬ 
Culloch  had  made/and  one  alleged  by  Mr.  Sy¬ 
ester  to  contain  an  antimoaial  precipitate, 
were  held  up  by  Mr.  Syester,  and  Dr.  Reese 
said  the  precipitates  were  not  now  identical 
in  color. 

Dr.  Reese  continued — The  white  cloud  ob¬ 
tained  by  Professor  McCulloch  redissolved  in 
hydrochloric  acid,  but  he  did  not  use  tartaric 
acid;  when  treated  with  a  sulphide  of  ammo¬ 
nium  it  turned  to  a  yellowish  brown,  but  not 
to  the  antimonial  orange  red  characteristic 
of  pure  antimony;  I  should  not  say  that 
if  Dr.  Aikin  obtained  an  orange  red  pre¬ 
cipitate  it  was  characteristic  of  antimony, 
but  only  indicative  of  the  presence  of  an¬ 
timony;  that  is  as  far  as  I  will  go;  I  know 
of  no  substances  but  pure  antimony  which 
would  give  that  orange  red  precipitate  but  or¬ 
ganic  matters;  I  do  not  know,  however,  that 
there  are  any  organic  matters  that  would  give 
the  orange  red  precipitate  except  yellow  jessa¬ 
mine  and  chloral;  in  using  the  copper  tests  I 
got  an  amorphous  deposit:  I  don’t  know  that 
Dr.  Aikin  dissolved  his  deposit  in  tartaric 
acid:  I  did  not  attempt  to  dissolve  the  one  I 
obtained  in  tartaric  acid:  I  dissolved  the  white 
cloud  in  muriatic  acid,  and  I  don’t  know  why 
it  was  not  dissolved  in  tartaric  acid;  I  saw 
the  tests  pursued  until  the  white  cloud  was 
obtained  from  yellow  jessamine  and  chloral:  I 
don’t  know  why  it  was  stopped  there;  the 
great  importance  I  attach  to  those  experi¬ 
ments  is  that,  they  throw  doubt  upon  the 
whole  matter;  that  is  all  I  claim  for  them;  I 
would  not  say  that  the  tests  of  Prof.  McCul¬ 
loch  were  analogous  to  thos  'Obtaiued  by  Pro¬ 
fessor  Aikin;  they  were  remarkably  similar 
in  three  points,  and  perhaps  four;  I  believe 
the  yellow  jessamine  was  not  absorbed  into 
General  Ketcbum’s  system  when  it  was  ad¬ 
ministered:  I  consider  that  he  was  at  that 
time  a  dying  man;  an  artificial  gastric  juice 
can  be  made;  I  don’t  think  the  gastric  juices 
would  change  the  yellow  jessamine  in  Gen- 
■  oral  Ketckum’s  /  stomach:  1  do  undoubt¬ 
edly  assert  that  the  metal  antimony 
ought  to  bo  obtained  and  brought  into  court; 
I  think  Professor  Tonry  said  he  used  only 
one  sixteenth  part  of  his  solution  in  making 


THE  WHARTON-EETCHUM  TRIAL. 


97 


his  five  spots;  unless  the  metal  -was  obtained 
in  quantities  large  enough  to  he  tested  it 
would  create  only  a  suspicion  that  it  was 
there;  if  a  little  child,  three  or  four  months 
old,  was  poisoned  by  tartar  emetic,  and  a  very 
small  particle  of  it  was  discovered,  I  think  it 
would  be  ouly  an  indication;  the  books  say  a 
grain  will  kill  a  child;  I  would  not  like  to 
operate  on  less  than  the  fiftieth  part  of  a 
grain  of  tartar  emetic,  and  then  I  would  be 
skeptical  of  my  results;  I  cannot  say  how 
much  would  be  obtained  from  the  liver  of  the 
little  child  spoken  of  to  whom  a  grain  had 
been  administered;  if  it  was  less  than  the 
fiftieth  part  of  a  grain  I  would  be  unwilling 
to  swear  that  antimony  was  present;  in  case  of 
opium  poisoning  we  look  for  morphia, 
but  more  particularly  for  meconic  acid; 
the  morphia  would  not  be  reproduced,  but. 
it  would  be  in  the  form  of  meconic  acid;  there 
are  about  a  dozen  principles  in  morphia;  tar¬ 
tar  emetic  is  dissolved  iu  the  stomach,  and 
enters  the  blood  as  a  solution  of  tartar  emetic; 
if  forty  drops  had  been  administered  to  Gen¬ 
eral  Ketchum  at  1  o’clock,  it  could  have  been 
found  in  his  stomach  at  3  o’clock;  it  would 
have  masked  the  chemical  results,  which 
would  have  been  otherwise  obtained  if  anti¬ 
mony  had  been  in  the  stomach:  I  made  no  ex¬ 
periments  with  chloral  alone,  but  chloral  and 
yellow  jessamine  would,  in  my  opinion,  give 
the  results  we  have  been  considering;  Prof. 
Aikin  relied  upon  the  same  tests  iu  his  analy-  ! 
sis  of  the  sediment  inthe tumbler,  andorganic 
matter  being  in  it,  they  were  as  fallacious 
as  were  his  tests  of  the  contents  of  the 
stomach;  sugar,  milk  and  brandy,  or  whiskey, 
subjected  to  the  processes  described  by  Pro¬ 
fessor  Aikin,  would  give  nearly  the  falla¬ 
cious  results  Professor  Aikin  obtained  from 
the  sediment  in  the  tumbler;  they  would  give 
very  similar  results;  I  do  say  that  the  results 
obtained  from  the  sediment  by  sulphuretted 
hydrogen  and  the  subsequent  tests  were  falla¬ 
cious,  there  being  organic  matter  in  that  sedi¬ 
ment;  those  three  substances  alone,  which  you 
have  lhsntioned,  under  the  process  followed 
by  Professor  Aikin,  would  give  a  yellowish 
brown  precipitate,  which  would  be  more  or 
less  soluble  m  boiling  hydrochloric  acid,  and 
■which  solution,  when  dropped  into  water, 
would  give  a  white  cloud;  I  am  drawing  my 
inference  from  his  report,  rather  than  his  oral 
testimony. 

Mr.  Syester  now  read  Professor  Akin’s  oral 
testimony,  which  gave  an  account  of  his  first 
'steps  in  satisfying  himself  that,  he  should 
have  looked  for  tartar  emetic,  and  at  Dr. 
Reese’s  rsquest  continued  to  read  his  entire 
statement.  Dr.  Reese  then  said  that,  under 
the  same  circumstances,  milk,  sugar  and 
brandy  or  whiskey  would  have  produced 
essentially  the  same  results. 

He  continued— There  was  not  much  coloring 
matter  in  the  mixture  in  the  tumbler;  but  or¬ 
ganic  matter  in  an  acid  solution  would  give  a 
similar  oraDge  red  precipitate;  neither  milk 
or  sugar  would  give  that  color  test;  if  I  re¬ 
member  correctly  Professor  Aikin  did  not  use 
Reinsch’s  test  except  on  the  acid  solution; 
by  the  naked  eye  crystalline  subli¬ 
mates  are  easily  mistaken  for  amor¬ 
phous  sublimates;  Professor  Wormley 


calls  them  amorphous,  and  other  authors 
call  them  crystalline;  I  understand  that  Pro¬ 
fessor  Aikin  used  his  eye  and  not  the  micro¬ 
scope;  the  microscope  should  have  been  used. 

To  Mr.  Steele — Professor  Aikin  said  the  acid 
solution  and  not  the  precipitate  gave  the  dark 
coating  on  copper. 

Mr.  Steele  here  referred  to  page  503  of  Whar¬ 
ton  &  Stille’s  Medical  Jurisprudence,  that  the 
most  positive  proof  was  necessary,  and  that 
a  substantial  portion  of  the  alleged  poison 
should  be  subtracted  from  the  dead  body, 
and  Dr.  Reese  agreed  in  the  opinion  there  ex¬ 
pressed. 

Mr.  Steele  next  read  from  Woods’  Thera¬ 
peutics,  vol.  2,  page  63,  as  to  the  unmistaka¬ 
ble  inflammation  of  the  mucous  membrane  of 
the  stomach  and  bowels,  and  Dr.  Reese  said 
he  held  the  same  opinion. 

Mr.  Steele  further  read  that  convulsions  “oc¬ 
casionally”  occurred  from  tartar  emetic  pois¬ 
oning,  and  Dr.  Reese  agreed  in  that  statement 
also.  Mr.  Steele  again  read  from  Orfila  that 
it  is  necessary  to  produce  the  metal  in  poison¬ 
ing  cases,  and  Dr.  Reese  said  he  was  in  perfect 
accord  with  Orfila  on  that  point.  Mr.  Steele 
again  read  from  Taylor’s  Medical  Jurispru¬ 
dence,  page  214.  the  statement  that  in  the 
case  of  Madam  Lafarge  the  one  hundredth 
and  twentieth  part  of  a  grain  was  only  found, 
and  that  in  the  author’s  opiuion  her  convic¬ 
tion  was  a  disgrace  to  the  age;  Dr.  Reese 
!  agreed  with  the  authority  quoted,  and  said 
the  discovery  of  a  minute  particle  of  antimony 
or  arsenic  was  in  no  case  sufficient. 

Dr.  Reese  was  here  dismissed. 

He  gave  his  testimony  in  a  very  calm  and 
dignified  manner,  and  impressed  every  one 
with  the  candor  and  impartiality  of  his  opin¬ 
ions.  He  is  a  strikingly  handsome  gentleman, 
with  a  Bismarck  cast  of  features.  His  cross- 
examination  by  the  State’s  officers  showed  that 
they  now  fully  comprehend  the  chemical  and 
medical  questions  involved  in  this  case,  and 
have  devoted  to  their  study  much  patient  in¬ 
quiry  and  research. 

Dr.  Reese’s  cross-examination  occupied  in 
all  more  than  ten  hours. 

Dr.  Edward  Warren  was  next  called,  and  in 
answer  to  Mr  Steele  testified  as  follows  : 

1  am  a  practicing  physician  in  Baltimore 
city;  I  have  been  engaged  in  the  practice  of 
medicine  for  nearly  twenty-two  years;  I  grad¬ 
uated  first  in  the  University  of  'Virginia  and 
then  in  Philadelphia;  I  completed  my  studies 
abroad;  before  the  war  I  was  Professor  of 
Materia  Medica  iu  the  University  of  Mary¬ 
land;  during  the  war  I  was  Medical  Inspect.or- 
iu-Chief  of  General  Lee’s  army,  and  Surgeon 
General  of  North  Carolina,  mv  native  State; 
after  the  war  I  held  the  Chair  of  Surgery  in 
the  Washington  University  of  Baltimore,  but, 
for  private  reasons,  resigned  that  position  in 
April  last,  and  am  now  devoting 
my  attention  to  the  practice  of  medicine 
and  surgery;  I  have  heard  the  testimony  of 
all  the  medical  witnesses  for  the  State,  except 
that  of  Dr.  Miles,  and  I  have  read  tbe  official 
copy  of  his  evidence  attentively;  I  can  see 
j  nothing  in  the  symptoms  described  in  General 
1  Ketchum’s  case,  or  in  the  revelations  of  the 
|  post  mortem  examination  of  his  body,  or  in 
them  both  combined,  inconsistent  with  the 

• 


■i 


98 


THE  WIIA R TON-KETCH UM  TRIAL. 


operation  of  natural  causes  in  the  production 
ot'  death;  I  have  -  seen  men  die  as  sud¬ 
denly,  and  with  identical  symptoms, 
from  a  disease  that,  to  a  certain  extent, 
has  been  epidemic  in  Baltimore  for  the  last 
ten  months.  This  disease  is  described  by  all 
the  modern  authorities  of  reputation,  and 
especiallv  by  Radeliffe,  Tanner,  Memcyer, 
Aitken,  Flint  and  Hartshorne,  and  is  known 
as  malignant  purpuric  fever,  or  epidemic 
cerebro  spinal  meningitis,  by  the  profession 
generally.  When  I  heard  the  symptoms  of 
General  Ketchum’s  case  detailed  by  Dr.  Wil¬ 
liams,  1  was  reminded  in  the  most  forcible 
manner,  not  only  of  the  description  given  of 
this  fearful  malady  in  the  text  books,  but  of 
some  cases  of  it  which  have  come  under  my 
professional  observation,  and  especially  of  one 
which  I  attended  in  May  last,  in  consultation 
with  Dr. W.  H.  Baltzell.  of  Baltimore  city.  The 
resemblance  between  those  two  cases,  that  of 
General  Ketclinm  and  that  of  Dr.  Baltzell’s 
patient  was  most  remarkable;  alike  in  the  sud¬ 
denness  of  their  development,  the  violence  of 
their  symptoms  aud  the  rapidity  of  their 
course,  their  identity  was  complete.  Both 
were  characterized  by  a  condition  of  semi- 
unconsciousness,  and  increased  sensitiveness 
of  the  surface,  so  that  they  shivered  when 
touched;  rigidity  of  the  muscles  of  the  neck, 
back  and  inferior  extremities;  pupils  neither 
contracted  nor  dilated,  but  insensitive  to  light; 
suppression  and  retention  of  urine;  rapidity 
aud  compressibility  of  pulse;  lividity  of  coun¬ 
tenance;  trismus;  opisthotonos;  convulsive 
movements;  disposition  to  turn  upon  one 
side  involuntarily;  occasional  jactation 
and  restlessness;  incoherent  articulations, 
and  a  speedy  and  violent  death;  and 
to  make  the  parallelism  still  more  patent, 
the  administration  of  the  tincture  of  gelsemi- 
num  had  a  similar  effect  upon  the  two 
patients:  they  were  improved  by  it  tempora¬ 
rily;  their  eyes  grew  brighter;  the  tegumen¬ 
tary  congestion  disappeared,  and  they  be¬ 
came  more  tranquil  and  intelligent,  only  to 
lapse  speedily  in  articulo  mortis,  with  the 
same  history  as  described  before;  I  have  seen 
others  die  in  a  similar  manner,  with  the  same 
disease,  cerebro  spinal  meningitis,  an  affec¬ 
tion  of  the  membranes  of  the  brain  and  spinal 
cord;  this  disease  has  repeatedly  prevailed  in 
different  parts  of  the  world,  aud  is 
accurately  described  in  the  leading  text 
books,  and  also  in  the  medical  jour¬ 
nals  of  this  aud  other  countries;  Radeliffe 
gives  perhaps,  the  best  description  of  it;  ac¬ 
cording  to  this  author,  it  is  an  acute  epidemic 
disease,  characterized  by  profound  disturbance 
of  the  central  nervous  system,  beginning 
with  nausea  and  vomiting,  difficulty  in  walk¬ 
ing  and  staggering,  and  followed  by  dizziness, 
lassitude,  headache  or  coma;  delirium,  alter¬ 
nating  with  somuoience;  tetanoid  spasms,  es¬ 
pecially  of  the  posterior  muscles  of  the  neck, 
back  and  lower  extremities;  occasionly  retrac¬ 
tion  of  the  head,  an  increased  sensitiveness  of 
the  surface,  causing  shivering  when  touched; 
marked  depression  of  the  vital  powers  indi¬ 
cated  by  a  feeble  and  frequent  pulse  and  res¬ 
piration;  lividity  of  the  face  and  head,  severe 
abdominal  pain,  countenance  rigid  and  con¬ 
tracted,  indicating  great  suffering;  surface 


cold  and  clammy;  loud  and  disjointed  com¬ 
plaints;  suppression  and  retention  of  urine;tris- 
mus,  with  convulsions  as  in  lockjaw;  rest¬ 
lessness,  with  efforts  to  get  out  of  bed;  pupils 
dilated,  or  motionless  aud  iosensible  to 
light,  and  the  tongue  moist  and  natural  in 
many  cases  to  the  last  moment  of  life.  Tanner 
declares  that  these  different  symptoms  come 
ou  suddenly  in  the  midst  of  apparent  health, 
so  that  “ sometimes  the  sick  man  can  scarceh/  be 
persuaded  that  he  has  not  been  wilfully  poisoned,” 
and  that  “this  opinion  gets  continued  also,  if. 
as  may  happen,  the  symptoms  succeed  each 
other  rapidly,”  etc,;  Radeliffe  savs  that  "in 
the  fulminant  form  of  the  malady,  the 
onset  is  without  premonition.”  It  is  well 
known  to  the  profession  that  no  dis¬ 
ease  is  more  sudden  in  its  attacks, 
aud  that  the  man  who  is  seemingly 
the  strongest,  and  in  best  apparent  health  ou 
one  day  may  be  fatally  prostrated  by  it  on  the 
morrow;  it  is  an  epidemic  disease,’  and  has 
prevailed  to  a  certain  extent  in  Baltimore  for 
several  mouths,  as  can  be  easily  established 
by  the  testimony  of  several  physicians  of  that 
|  city;  I  not  only  know  this  fact  from  my  own 
personal  observations,  but  because  I  have 
heard  it  alluded  to  and  discussed  in  tile  medi¬ 
cal  association  of  which  I  am  a  member;  aud 
yet  though  it  be  due  to  some  peculiar  fer¬ 
ment  which  enters  the  blood  and  poisons  that 
tluid,  making  it  a  source  ot  irritation  and  dis¬ 
turbance  to  the  economy,  rather  than  afoun- 
|  tain  of  health  and  vitality,  experience  teaches 
that  the  system  is  best  prepared  for  its  inva- 
’  sion  by  all  those  circumstances,  such 
as  fatigue,  mental  exertion,  irregulari¬ 
ties  of  diet,  etc.,  which  are  calculated 
|  in  themselves  to  lower  the  tone  of 
j  the  vital  powers;  it  is  a  disease  of  rapi  d 
j  development  and  of  a  speedy  issue  in  many 
;  cases:  the  fulminant  or  explosive  form  runs 
its  course  with  terrific  celerity,  hurrying  the 
most  healthy  and  athletic  to  a  fearful  death, 

■  and  through  the  ordeal  of  tbe  terrible  symp¬ 
toms  primarily  described;  indeed.it  is  stated 
in  Reynolds’  System  of  Medicine  that  “life 
may  be  extinguished  in  less  than  five  hours 
or  it  may  be  prolonged  for  two  or  three davs:” 
the  rapidity  of  its  advent  and  termination  has 
scarcely  a  precedent  in  the  history  of  disease; 
it  strikes  without  warning  and  kills  almost 
with  the  certainty  and  celerity  of  the  dead¬ 
liest  poison;  strange  to  relate^  the  fulminant 
or  explosive  form  of  this  disease,  that  variety 
which  is  so  especially  characterized  by  vio¬ 
lence  of  symptoms,  rapidity  of  march  and 
fatality  of  termination,  frequently  leaves 
no  lesion  behind  in  the  body  of  its 
victim;  it  kills  without  tracing  a 
sign  upon  any  structure  or  organ  to 
tell  how  its  fatal  work  has  been  doue:  under 
some  circumstances  the  most  active  and  ex¬ 
haustive  post  mortem  reveals  nothing  by 
which  the  cause  of  death  can  be  explained, 
save,  perhaps,  but  not  invariably  even  in 
that,  a  slight  passive  congestion  of  the  nerve 
centres  and  of  their  enveloping  membranes; 
thus  Radeliffe,  page  513,  Reynolds’  System  of 
Medicine,  says;  “In  the  fulminant  form  of  this 
disease  they  (auatouiical  lesions)  are  often  ab¬ 
sent;”  Dr.  Murchison  records  a  case  in  which 
“no  appreciable  lesions  of  the  membranes  of 


THE  WHARTON-KETCHUM  TRIAL. 


99 


the  braiu  or  spinal  cord  could  be  discovered;”  I 
Dr.  Lyons  reports  an  epidemic  which  pre¬ 
vailed  in  Dublin  in  1866,  and  describes  two 
forms  of  this  disease — ‘‘the  one  charactei- 
ized  by  colapse,  &c.,  great  rapidity 
of  course,  excessive  fatality  aud  the 
absence  of  anatomical  lesions  in  the 
nervous  centres  after  death;”  Hartshorne 
states  that  in  the  most  violent  form  of  this 
disease,  no  post  mortem  lesions  are  discovera¬ 
ble;  Tanner  says,  essential  lesions  “are 
present,  save  in  the  explosive  (fulminating 
form)  of  the  dtsiase.”  In  an  autopsy  reported 
by  Gerhard,  t  iere  were  no  products  of  in¬ 
flammation  within  the  skull  or  spinal  canal  ” 
Flint  concedes  that  in  some  cases,  the  evi¬ 
dences  of  cerebro  spinal  m  ningitis  are  want¬ 
ing  after  death;  in  a  recent  discussion  before 
the  Academy  of  Medicine,  &c.,  in  Philadel¬ 
phia,  this  fact— the  frequent  absence  of  all 
pathological  lesions  in  the  most  fatal  form  of 
this  disease, was  specially  adverted  to  by  one  of 
ts  members  (Dr.  Hartshorne),  and  though 
various  attempts  were  made  to  account 
for  the  fact,  it  was  controverted  by  no  one, 
jut,  on  the  contrary,  received  as  an  estab- 
.isbed  truth  in  medicine.  Authorities  in  this 
regard  might  b.  multiplied  indefinitely  by 
:ulling*from  the  journals  the  thousands  of 
;ases  which  have  been  reported  in  confirma¬ 
tion  of  this  phenomenon,  but  the  occasion 
loesnot  demand  such  a  labor,  as  the  authors 
jefore  mentioned  are  the  latest  and  most  re- 
iable  known  to  the  profession. 

The  absence  of  pathological  lesions  is  not  pe- 
tuliar  to  cerebro  spinal  meningitis;  post  mor¬ 
tem  examinations  in  fatal  cases  of  tetanus,  epi- 
;  eps.v,  sunstroke,  chorea,  hysteria,  infantile 
convulsions,  &c.,  have  over  and  over  again 
Been  attended  with  purely  negative  results, 
j  These  circumstances,  ken  in  conjunction 

I  vith  the  fact  that  the  spinal  canal  was  not 
inened,  and  that  the  coni  was  examined  only 
or  the  distance  of  some  two  inches,  have  a 
nost  important  hearing  in  this  case,  as  will 
>e  presently  demonstrated.  The  history  of 
leneral  Ketchum’s  illness  and  death  cor- 
espouds,  then,  in  every  particular,  notonly 
vith  the  phenomena  observed  by  me  in  Dr. 
laltzell’s  case,  but  with  the  descriptions 
rhicli  have  been  given  of  the  disease  by  the 
blest  authors.  In  fact,  it  seems  to  me, 
i  fter  a  careful  and  candid  examination  of 
bis  whole  matter,  that  if  an  attempt  were 
lade  to  convey  an  adequate  idea  of  cerebro 
pinal  meningitis  to  the  mind  of  a  person 
□ti  .el  ignorant  of  its  nature  and 
henomeua,  no  more  effectual  mode  could 
e  devised  than  to  give  an  elaborate  and 
dthf  ul  narrative  of  General  Ketchum’s  case, 
■om  its  sudden  inceptiou  to  its  fatal  termina- 
on;  and  to  add  that,  in  accordance  with  the 
;  revious  observations  of  the  most  reliable 
en  in  the  profession,  no  anatomical  lesions 
■f  an  important  character  were  discoverable 
|  fter  death;  each  individual  symptom  which 
as  been  referred  to,  may  be  present  in  vari- 
us  affections,  for  there  are  multitudes  of 
laladies,  natural  and  non-natural,  which  at 
'!  ome  points  in  their  history,  and  especially  at 
■  leir  climax,  present  a  close  analogy  to  each 
ther;  but  it  is  only  in  this  particular  cou- 
ection — in  cerebro  spinal  meningitis,  that 

1 


they  are  found  grouped  and  blended, 
as  they  appeared  in  General  Ketchurn’s 
case.  In  other  associations  they  are  anoma¬ 
lies,  while  in  this  connexiou  they  ap¬ 
pear,  as  natural  phenomena,  the  legitimate 
indices  of  the  disease  to  which  they  give 
character  and  existence;  there  are  but  few 
diseases  which  have  symptoms  that  present 
themselves  invariably  and  in  a.  definite  con¬ 
catenation;  certainly  but  few  of  the  poisons  can 
assert  such  a  claim,  whether  they  be  irritants 
or  narcotics,  or  both  combined;  the  phe¬ 
nomena  which  associate  themselves  with 
nervous  diseases  generally  are  inconstant  in 
their  development  and  irregular  in  their  mode 
of  combination;  in  this  respect  cerebro  spinal 
fever  presents  a  character  unique  and  remark¬ 
able;  its  essential  features — the  pathological 
entities  which  give  it  form  and  being — ap¬ 
proximate  to  uniformity  in  the  certainty  of 
their  occurrence,  and  in  the  order  of  their 
succession;  head-ache,  or  stupor,  or  somno¬ 
lence,  a  cerebral  disturbance  coming  on  sud¬ 
denly;  prostration  so  great  and  rapid  as  to 
strike  the  patient  with  astonishment;  a  cuta¬ 
neous  hyperesthesia,  such  an  abnormal  sensi¬ 
tiveness  of  the  skin  as  constrains  a  “shiver” 
when  the  hand  is  applied,  even  though  a  con¬ 
dition  of  coma  exists,  and  as  induces  the 
sufferer  to  remove  automatically  everything 
which  touches  and  irritates  it;  rigidity,  espe¬ 
cially  of  the  muscles  of  the  nes-k,  jaws,  back, 
and  inferior  extremities,  causing  opisthotonos, 
etc.;  abdominal  pain  of  the  most  aggravated 
character, and  a  delirium  which  induces  rest¬ 
lessness  and  signs  of  distress,  taken  in  con¬ 
nection  with  a  certain  suppression  and  a 
positive  retention  of  urine,  constitute  a  groupe 
or  a  chain  of  morbid  phenomena  too  unique 
and  exclusive  to  admit  of  a  mistake  in  diag¬ 
nosis  upon  the  part  of  those  acquainted  with 
the  clinical  history  of  this  fearful  malady; 
these  considerations,  strengthened  and  intensi¬ 
fied  as  they  are  by  the  facts  tfiat  the  most 
rapid  aud  fatal  form  of  cerebro  spinal  fever 
gives  purely  negative  results  in  a  post  mor¬ 
tem  examination;  that  the  strong  and  healthy 
succumb  as  readily  and  as  suddenly  as  the 
mostfeebleto  its  malignant  influence;  that 
fatigue  of  mind  and  body  together  with  un¬ 
usual  indulgence  in  food  and  drink,  predis¬ 
pose  to  its  invasion,  and  that  at  the  very 
time  this  infortunate  man  was  attacked  the 
potential  influences  of  epidemicity  conspired  to 
produce  the  disastrous  result,  render  t  he  con¬ 
clusion  notonly  probable  but  almost  iuevita- 
ble  that  he  died  from  the  operation  of  purely 
natural  causes,  and  not  from  the  effects  of  a  deadly 
poison. 

fried  by  every  test  known  to  the  most  ad¬ 
vanced  science;  by  the  criteria  of  symptoms, 
whether  initial,  consecutive,  or  final;  by  the 
standards  of  development,  progress  and  con¬ 
clusion  as  established  by  the  critical  observa¬ 
tions  of  the  ablest  clinicians;  by  the  require¬ 
ments  of  the  scapel  in  the  hands  of  competent 
experts,  the  case  of  General  Ketchum,  from 
the  first  pain  to  the  last  convulsion,  in  all  its 
phases,  beariugsand  combinations,  illustrates 
nothing  more  nor  less  than  a  typical  example 
of  that  form  of  cerebro  spinal  fever  to  which 
the  name  of  fulminant  has  been  so  aptly 
given,  as  indicating  the  suddenness  of  its  in- 


100 


THE  WHARTON-KETCHUM  TRIAL. 


vasion,  the  intensity  of  its  phenomena,  the 
rapidity  of  its  march,  and  the  fatality  of  its 
termination. 

In  my  opinion  no  other  theory  will  explain 
the  history  of  his  sie.kness  and  death;  nothing 
else  will  adequately  account  for  all  the  facts 
which  have  been  detailed  in  this  case. 

I  am  familiar  with  the  action  of  poisons, 
especially  of  opium  and  antimony,  having  had 
practical  experience  with  both  of  them  and 
having  accurately  investigated  the  effects 
which  are  ascribed  to  them  by  the  best  au¬ 
thorities. 

It  is  unnecessary  to  give  more  than  a 
passing  notice  to  opium  in  this  connection, 
for  it  has  been  demonstrated  that  he  did  not 
die  from  an  over  dose  of  that  drug,  although 
I  think  it  more  than  probable  that  he  was 
narcotized  by  it  to  a  certain  extent  at  one 
period  in  the  history  of  his  case;  in  other 
words  there  is  certainly  nothing  inconsistent 
in  the  symptoms  ascribed  to  him  on  Tuesday, 
the  27th  of  June,  with  such  an  hypothesis. 

I  have  seen  two  cases  of  poisoning  from  an¬ 
timony,  and  can  consequently  speak  advisedly 
in  regard  to  the  symptoms,  etc.,  which  it  pro¬ 
duces;  I  have  also  studied  faithfully  all  the 
cases  of  antimouial  poisoning  which  are  re¬ 
ported  by  Taylor,  Christison,  Wormley  and 
others;  in  my  judgment  General  Ketchum  did 
not  die  from  the  effects  of  tartar  emetic,  for 
the  action  of  that  drug,  even  in  the  most 
poisonous  doses,  and  with  a  due  allowance 
for  every  anomolous  symptom  which  has 
been  recorded  in  connection  with  it,  cannot 
account  for  the  phenomena  which  were  ob- 
servt  d  in  this  case,  either  before  or  after 
death— either  for  the  symptoms  or  the  pathol¬ 
ogical  revelations  as  described  by  the  wit¬ 
nesses  for  the  State.  When  tartar  emetic  is 
taken  into  the  stomach  of  a  human  being  it 
produces  either  local  or  remote  effects 
or  both  combined;  the  local  effects  manifest 
themselves  in  the  form  either  of  irritation  or 
inflammation,  followed  by  some  change  of 
structure  in  the  parts  with  which  it  comes  in 
contact,  and,  though  frequently  not  developed, 
on  account  of  the  rapidity  with  which  the 
drug  is  ejected  or  absorbed,  they  must  be  pro¬ 
duced  when  from  any  cause  tartar  emetic  is 
brought  in  contact  with  the  mucous  coat  of 
the  stomach  or  intestines.  At  frequent  inter¬ 
vals  or  protracted  periods,  as  is  evidenced  in 
the  cases  of  chronic  poisoning  with  anti¬ 
mony  which  have  been  reported,  and 
in  those  instances  in  which  vomiting  has  not 
occurred,  and  the  process  of  absorption  has 
been  interrupted:  taking  into  consideration 
the  irritant  properties  of  antimony,  as  illus¬ 
trated  by  its  effects,  even  upon  the  skin  aud 
tongue,  and  the  intrinsic  delicacy  and  suscep¬ 
tibility  of  tlie  mucous  membrane,  it  may  be 
stated  in  specific  terms  that  the  amount  and 
extent  of  the  inflammation  induced  by  its 
presence  in  the  stomach  anil  intestines,  must 
bear  a  direct  proportion  to  the  length 
of  time  which  it  has  remained  in  con 
tact  with  them,  and  to  the  frequency  and 
amount  in  which  it  has  been  adminis¬ 
tered.  The  local  effects  are  also  illustrated 
by  a  peculiar  burning  pain  in  the  mouth, 
throat,  stomach  and  bowels;  spasmodic  con¬ 
traction  of  the  fauces  and  gullet,  and  by  the 


destruction  of  the  epithelium  of  the  tongue 
and  mucous  surface  generally,  with  which  it 
comes  in  contact.  The  remote  effects  result 
from  its  absorption  into  the  blood,  and  subse¬ 
quent  action  upon  the  nervous  system,  and 
upon  the  organs  which  eliminate  it;  they  may, 
therefore,  be  classified  into  nervous  and  glan¬ 
dular  phenomena,  according  as  they  are  de¬ 
veloped  in  connection  with  the  structure  as 
above  mention#];  the  nervous  symptoms,  con¬ 
sidered  in  the  order  of  their  occurrence,  as  well 
as  in  the  light  of  their  distinctive  differences, 
are  primary,  intermediate  and  consecutive: 
of  these  the  first  are  developed  because 
of  its  action  as  a  special  sedative  upon  the  par 
vagum  nerve,  and  manifest  themselves  in  dis¬ 
turbances  of  the  digestive  organs  (especially 
the  stomach)  of  the  heart  and  of  the  lungs;  the 
second  results  from  a  participation  of  the  motor 
centres  in  those  disturbances,  and  show  them¬ 
selves  in  a  profound  depression  of  the  volun¬ 
tary  muscular  system,  and  almost  complete 
loss  of  contractile  power  in  those  muscles 
which  are  ordinarily  controlled  by  the  will, 
or  in  involuntary  contraction  of  them;  and 
the  third  are  the  sequilaeor  resultants  of 
that  abnormal  condition  of  the  circulation, 
passive  congestion,  which  results  from  the  se¬ 
dation  of  its  great  central  organ,  aud  by  de¬ 
priving  the  nerve  centres  generally  of  a  con¬ 
dition  necessary  to  their  proper  nutrition,  dis¬ 
turbs  their  functions,  induces  coma,  delirium, 
alterations  in  the  pupil,  rigidity,  convulsions 
and  death. 

The  glandular  symptoms  result  from  and 
indicate  the  elimination  of  antimony  from 
the  system,  and  are  expressed  iu  certain  aber¬ 
rations  of  the  secretions  peculiar  to  the 
special  organs  by  which  it  is  discharged.  After 
being  absorbed,  this  substance  is  rapidly 
eliminated  by  the  sjpu,  liver  and  kidneys, 
especially  the  last  named;  that  copious  pro¬ 
duction  and  discharge  of  urine  which  has 
been  observed  so  universally  iu  antimonial 
poisoning,  aud  which  is  undoubtedly  its  most 
infallible  phenomena,  is  a  typical  example  of 
the  glandularsymptoms  iuciileut  to  the  toxic, 
action  of  that  powerful  agent. 

The  quantity  of  tartar  emetic  necessary  to 
cause  death  in  a  healthy  adult  is  variable;  I 
have  seen  the  most  positive  poisonous  effects 
produced  by  a  dose  of  two  grains, while  half  an 
ounce  did  not  prove  fatal  iu  another  case,  re¬ 
ported  by  the  toxicologist.  The  symptoms  in-1 
dicative  of  the  toxic  or  poisonous  action  of 
this  drug  are  as  follows:  A  sensation  of  burn¬ 
ing  in  the  mouth,  constriction  iu  the  throat, 
and  pam  iu  the  stomach,  and  which  are  local, 
phenomena;  speedy  development  of  nausea 
aud  vomiting;  sedation  of  the  heart’s  action  as 
indicated  by  a  feeble,  frequent  aud  compres- 
pressible  pulse;  aud  disturbance  of  the 
respiratory  function,  together  with  the  most 
profound  muscular  prostration:  cramp,  oil 
convulsive  movements  iu  certain  gioups  of 
muscles,  a  cold  and  clammy  skin,  copious  se¬ 
cretion  and  discharge  of  urine,  and  a  constant 
disposition  to  syncope  qj  fainting,  which  arc 
the  “primary”  aud  “intermediate”  remote 
symptoms, resulting  from  the  absorption  of  tin 
antimony,  its  direct  action  on  the  nerves,  and 
its  indirect  influence  upon  the  spinal  centres: 
and  then,  in  exceptional  cases,  when  the  orig- 


THE  WHARTON-KETCHUM  TRIAL.  101 


ial  dose  has  been  large,  and  death  from  syn- 
Dpe  has  not  occurred,  notwithstanding  the 
reat.  tendency  incident  thereto,  a  profound 
nd  prolonged  sedation  of  the  heart,  passive 
angestion  is  induced  in  the  nerve  centres,  in- 
erfering  ■with  their  nutrition,  and  develop- 
]g,  as  a  consequence,  stupor,  delirium 
igidity,  convulsions,  alterations  in  the  pupil, 
nd,  it  may  be,  death,  -which  are  the  “consecu- 
ive,”  remote  symptoms  of  tartar  emetic 
oisoning.  In  some  instances,  in  consequence 
f  a  more  profound  impression  upon  the  vagus 
ierve,  there  is  neither  nausea  nor  vomiting, 
,nd  the  disturbance  in  the  circulation  being 
peedily  and  thoroughly  developed,  the  con- 
ecutive  or  nerve  symptoms  are  primarily  in¬ 
duced  and  continuously  exhibited  until  the 
lose  of  the  scene. 

The  muscular  prostration,  the  insensi- 
iveness  of  the  skin,  the  tendency  to  syn- 
ope,  and  the  augmented  secretion  of 
irineare,  however,  invariably  present  in  this 
tage  or  phase  of  the  antimonial  impression, 
whether  it  be  developed  secondarily  or  pri- 
narily,  complicating  it  and  giving  it  charac¬ 
ter  to  the  last.  It  is  a,  great  mistake  to  suppose 
hat  tartar  emetic  kills  without  producing 
esions  of  an  appreciable  character  in  the 
irganism,  although  it  is  possible  that  these 
esions  may  not  be  decided  or  invariable  in 
hose  cases  in  which  a  single  dose  has  been 
wlministered;  yet,  under  other  circumstances, 
hey  must  he  produced,  and  they  have  always 
teen  discovered;  this  drug  is  an  irritant  when 
;iven  in  repeated  doses  within  a  brief  period, 
■>r  when  notimmediately  absorbed  ore.iected.it 
necessarily  inflames  the  mucous  coat  of  the 
uoutb,  gullet  and  intestines,  and  thus  leaves 
pehind  it  the  product  and  effects  of  inflam 
oatory  action  as  a  legacy  to  the  pathologist; 
ictiug  as  a  special  sedative  upon  the  vagus 
;erve,  and  thereby  disturbing  respiration  and 
■irculation,  it  necessarily  induces  changes  in 
he  apparatus  by  which  each  of  these  func- 
ions  is  performed;  as  might  reasonably 
re  expected,  therefore,  Orfila  and  Taylor  re- 
■ard  pulmonary  congestion  as  one  of  the 
post  constant  of  the  postmortem  appear¬ 
ances  exhibited  in  this  connection;  and,  so 
Iso  with  regard  to  the  circulation;  sedation 
f  the  heart,  especially  if  profound  and  pro¬ 
tracted,  must  inevitably  induce  venous 
ongestions  of  a  decided  character,  through- 
ut  the  organisms;  in  truth,  the  most  decided 
I  nd  dangerous  of  the  symptoms  incident  to 
ntimoniai  poisoning— its  nervous  phenomena 
i  -are  due  to  the  perversion  of  nutrition  in  the 
[Serve  centres,  which  results  from  the  accu¬ 
mulation  of  venous  blood  within  them,  the 
uration  and  intensity  of  the  one  being  in  the 
ery  nature  of  things  the  measure  of  the  de¬ 
velopment  of  the  other;  for  the  same  reason, 
similar  congestion  must  be  developed  iu 
ther  organs,  and  also  in  the  right  side  of  the 
eart,  wherever  venous  radicals  are  found 
nd  dark  blood  circulates;  these  are  not 
1  mply  logical  inferences,  for  they  are 
Sustained  by  the  recorded  observations  of 
llis,  Lee,  Cristisou,  Orfila  and  Taylor;  they 
Ire  the  established  truths  of  toxicology. 

The  Court  here  adjourned  until  10  A.  M.  to- 
lorrow.  The  attendance  upon  the  trial  to-day 
as  again  large.  Among  those  present  to-day 


'veJe  Dr.  Geo.  E.  Dennis,  of  Somerset  county, 
and  Hon.  James  T.  Earle,  of  Queen  Anne’s 
county.  General  Brice  and  Charles  L.  Kef  chum 
have  been  in  attendance  for  the  past  two  days. 
James  D.  Ketchum  has  returned  to  Slew  York. 
Mrs.  Nugent,  Mr.  and  Mrs.  J.  Crawford  Neil- 
son.  Miss  Eosa  Neilson,  Mr.  Herman  Stump 
and  Mr.  H.  Moon  Wharton  have  been  present 
with  Mrs.  Wharton  and  her  daughter  each 
day.  Dr.  Genth  returned  to  Philadelphia  as 
soon  as  his  testimony  was  concluded.  Prof. 
McCulloch  remains  in  attends, nee  upon  the 
trial. 


TWEHfTY-SKXTie-I»AY. 

Annapolis,  January  4, 1872. 

The  efforts  of  the  defence  in  the  great 
Wharton-Ketchum  trial  are  at  present  di¬ 
rected  towards  what  they  consider  the  medi¬ 
cal  facts  in  the  case.  Notwithstanding  the 
tedium  of  the  testimony,  much  interest  is 
still  manifested. 

Dr.  Edward  Warren  was  recalled  this  morn¬ 
ing,  and,  in  answer  to  Mr.  Steele,  testified — 

After  a  dispassionate  and  faithful  review  of 
the  facts  which  have  been  thus  established  m 
regard  to  the  symptoms  incident  to  poisoning 
by  antimony,  its  modus  operandi  as  a  toxic 
agent,  and  the  pathological  lesions  which  it 
induces  in  the  human  organism,  I  am  con¬ 
strained  to  the  opinion  that  General  Ketchum 
could  not  have  died  from  the  effects  of  that 
drug  for  the  following  reasons : 

1st.  He  could  not  have  been  poisoned  with 
it  on  Saturday  night  or  on  Sunday  night,  as 
is  alleged,  for  it  is  in  evidence  that,  after  eat¬ 
ing  for  the  last  time  on  those  occasions,  he  sat 
up  for  some  time,  smoked  and  talked  quietly 
with  his  friend,  retired  without  complaint  and 
was  not  disturbed  for  some  hours  afterwards; 
tartar  emetic  is  not  only  one  of  the  most 
powerful  but  also  one  of  the  most  prompt  of 
known  agents— when  it  acts  at  all  it  acts 
quickly;  the  delay  in  this  case  is  fatal  to  the 
theory  of  poisoning  at  that  time  ;  the  idea  of 
a  man  smoking,  chatting  and  sleeping  for 
hours  with  a  poisonous  dose  of  tartar  emetic  in 
his  stomach  is  an  absurdity;  he  also  dresses 
himself  and  walks  down  in  the  yard,  an  act 
entirely  inconsistent  with  that  extreme  pros¬ 
tration  which  is  invariably  incident  to  pois¬ 
oning  with  this  agent. 

2d.  He  could  not  have  been  poisoned  on 
Monday,  as  is  alleged,  first,  for  the  reason  that 
when  Dr.  Williams  saw  him  he  was  “sitting 
ut>  and  hohliug  a  slop  jar  between  his  knees,” 
neither  of  which  is  reconcilable  with  the 
theory  of  antimonial  poisoning,  as  no  fainting 
man  voluntarily  assumes  the  erect  posture, 
and  as  the  muscular  exertion  necessary  to 
maintain  himself  iu  such  a  position  and  to 
bold  a  vessel  iu  the  manner  described  does 
not  show  that  profound  loss  of  power  in  the 
muscular  system  which  is  invariably  pro¬ 
duced  by  the  absorption  of  antimony;  sec¬ 
ondly.  because  he  was  relieved  by  creosote 
and  lime  water,  which  are  not  antidotal,  in 
this  regard,  either  chemically  or  physiologi¬ 
cally,  and  which  must  have  proved  only  to¬ 
pical  anaesthetics  without  neutralizingthe  an- 


102  THE  WHARTON-KETCHUM  TRIAL. 


timony  in  bis  stomach  or  counteracting  the 
destructive  effects  of  that  portion  which  had 
already  been  absorbed  in  the  blood;  and 
thirdly,  such  a  supposition  is  entirely  pre¬ 
cluded  by  the  spetdy  and  complete  disap¬ 
pearance  ot  the  effects  and  consequences  of 
the  supposed  toxic  agent,  under  circum 
stances  unprecedented,  in  the  history  of  such 
poisons. 

3.  He  could  not  have  been  poisoned  by  tar 
tar  emetic  on  Tue sday,  because  neither  the 
local  nor  remote  symptoms  showed  them¬ 
selves  in  auv  form,  notwithstanding  his  con¬ 
tinued  impression  by  some  morbific  cause  dur¬ 
ing  the  entire  day,  and  for  the  additional  con¬ 
sideration  that  the  phenomena  which  did  pre¬ 
sent  themselves  were  incompatible  with  the 
well  established  action  ot  that  drug;  tjiere 
was  neither  binning  in  the  throat,  uorpam  in 
the  stomach,  nor  cramps  in  the  bowels;  he  did 
not  vomit  or  purge,  for  no  ejected  or  dejected 
matters  were  found  in  the  vessels  of  his  room, 
and  he  was  confined  to  his  chamber  during 
the  whole  time:  there  was  no  tendency  to 
death  by  fainting  and  no  complete  prostra¬ 
tion  of  the  voluntary  muscular  system 
siuce  it  is  proven  that  he  sat  up  and  walked 
about  when  it  was  necessary  for  him  to  do  so; 
there  was  no  coma  or  rigidity  or  convulsive 
movement  or  coldness  of  the  surface,  and,  in 
fact,  no  symptoms  connecting  themselves 
with  the  nervous  system,  save  a  disposition 
to  sleep  continuously,  torpidity  of  the  mental 
faculties,  and  unsteadiness  of  gait  in  walking; 
and  to  complete  the  disparity,  there  was  no 
redundancy  of  the  urinary  secretion,  but  on 
the  contrary  there  were  suppression  and  re¬ 
tention  of  urine  in  a  most  remarkable  degree, 
as  is  established  by  the  testimony  of  the  only 
witness  who  had  an  opportunity  of  observa¬ 
tion  in  this  regard. 

If,  then,  he  was  poisoned  bv  antimony  on 
that  day.  every  precedent  established  in  toxi¬ 
cology  and  the  criteria  of  symptoms  and  clini¬ 
cal  history  are  a  delusion  and  a  snare. 

I.  He  could  not  have  been  poisoned  by 
tartar  emetic  on  Wednesday,  lor  reasous 
equally  as  potent  aud  palpable.  I  have 
shown  in  this  connection  that  the  symp- 
oms  which  were  observed  on  that 
day  were  essentially  those  of  epidemic 
cerebro  spinal  meningitis,  such  as  I  have  seen 
in  other  instances,  aud  as  are  graphically  de¬ 
scribed  by  all  modern  authors;  the  differen¬ 
tial  diagnosis  Uetweeu  the  morbid  phenomena 
which  characterize  that  disease,  and  the  symp¬ 
toms  indicative  of  antimonial  poisoning  can 
be  determined  with  almost  absolute  precision 
in  this  case;  the  fact  that  when  first  seen  by 
Dr.  Williams  on  Wednesday  morning,  not¬ 
withstanding  his  condition  of  semi-nucon- 
sciousnessfrom  which  he  was  with  so  much  dif¬ 
ficulty  aroused, even  by  rough  shaking  and  loud 
appeals,  a  decided  shiver  passed  over  his  frame 
when  the  physician’s  hand  was  simply  placed 
upon  him,  demonstrates  the  existence,  at  that 
time  of  cutaneous  byperasthesia — a  symptom 
which  has  never  been  observed  in  a  single  in¬ 
stance  of  antimonial  poisoning  since  the  dis¬ 
covery  of  that  metal,  and  which  in  numerous 
outbieaksof  nieuingial  fever  has  been  one  of 
its  most  characteristic  phenomena;  the  ad¬ 
ditional  circumstances  that  “he  attempted  to 


get  out  of  bed,  slapped  the  shoulder  of  an  at¬ 
tendant,  and  applied  bis  band  at  will  to  vari¬ 
ous  portions  of  his  body,”  thus  showing  the 
existence  of  normal  contractile  power  in  such 
of  the  voluntary'  muscles  as  were  Dot  rigid  or 
convulsed,  a  :d  the  ability  to  employ  it  at  dis¬ 
cretion,  form  another  stable  link  in  the  chain 
of  proof  which  associatesthe  morbid  condition 
then  developed  with  the  operation  of  a  natural 
cause,  and  a  wide  hiatusiu  thecouuexion  which 
is  sought  to  be  established  between  it  and  the 
action  of  this  or  any  other  poisouons  agent. 

And  so,  also,  with  regard  to  the  fact  that  he 
abraded  his  throat  and  abdomen,  apparently 
in  the  effort  to  remove  some  source  of  irrita¬ 
tion  in  those  parts;  if  he  really  experienced 
pain  at  that  time,  and  sought  to  relieve  it  in 
the  manner  described,  that  circumstauce  af¬ 
fords  strong  confirmation  of  the  existence  of 
meningial  fever  aud  almost  positive  proof 
against  antimonial  poisoning;  neuralgic  pains 
in  those  localities  especially  in  the  abdomen, 
of  the  most  intense  character,  are  the  usual 
concomitants  of  this  affection,  and  it  is 
far  more  rational  to  conclude  that  he 
was  able  to  appreciate  and  respond  to 
them,  when  in  a  condition  of  unconscious¬ 
ness  than  that  be  should  feel,  under  such  cir¬ 
cumstances,  the  local  irritations  pr>  ducable 
by  an  agent  which,  it  is  alleged,  bad  been  ad¬ 
ministered  to  liirn  on  several  occasions,  with 
impunity  in  this  regard,  when  perfectly  con¬ 
scious.  aud  therefore  infinitely  more  sus¬ 
ceptible  to  such  impressions;  the  move¬ 
ments  alluded  to  were,  however,  more 
probably'  automatic — mere  phases  of  the 
death  struggle,  and  bad  no  clinical  signifi¬ 
cance;  and  finally,  the  ominous  fact  that  lie 
bad  passed  no  water  during  the  whole  of 
Tuesday,  and  that  though  none  was  on 
Wednesday'  in  the  vessels  of  bis  chamber,  bis 
bladder  was  not  preternatural ly  distended, 
in  other  words  that  there  was  decided  sup¬ 
pression  of  urine,  completes  the  line  of  de-; 
marcation  and  furnishes  the  data  for  an  exact 
discrimination  between  the  malady  from 
which  he  actually  died  and  the  antimonial 
poison  to  which  it  is  alleged  that  lit  suc-i 
cumbed. 

The  negative  results  elicited  by  the  post; 
mortem  examination  of  his  body  are  a  dou- 
bled-tdged  sword,  cutting  iu  tw  iin  alike  the 
hypothesis  of  death  from  poisoning  by  tartar 
emetic,  and  all  the  other  theories  which  have 
been  advanced  in  connection  with  the  case:  it 
is  far  more  probable  that  a  natural  disease 
should  have  terminated  fatally,  under  the  cir¬ 
cumstances,  without  leaving  a  lesion,  than 
that  the,  non-natural  agent  should  have  had 
such  an  issue  as  the  result  of  its  action;  cere¬ 
bro  spinal  meningitis,  iu  its  fulminant  form, 
often  hurries  its  victims  to  the  grave  without 
the  developraeut  of  any  appreciable  change 
whatever:  and  the  same  is  true  of  many 
other  maladies  well  known  to  the  pro¬ 
fession;  it  is  a  matter  of  physical  im¬ 
possibility,  however,  that,  in  a  case  of 
tartar  emetic  poisoning,  cbaiacterized  by 
such  symptoms  as  were  present  in  this  and 
with  so  remarkable  a  history,  could  have  pro¬ 
duced  death  in  the  manner  described, -without 
the  development  of  unequivocal  lesions;  had 
it  been  applied  to  the  skill  of  a  healthy  iudi- 


103 


THE  WpARTON-EETCHUM  TRIAL. 


vidual  as  often  and  continuously  as  it  is  al¬ 
leged  to  have  been  introduced  into  the  stom¬ 
ach  of  General  Ketchum,  decided  inflamma¬ 
tion  would  have  been  the  result.  And  yet, 
notwithstanding  its  well  known  irritant  prop¬ 
erties,  and  the  peculiar  sensibility  of  the  lnu- 
eous  surfaces,  and  the  supposed  ante  mortem 
evidences  of  its  local  action  in  this  particular 
iustance,  nothing  was  discovered  in  the 
stomach  and  intestines  hut  some  scat¬ 
tering  red  patches — such  as  are  frequently 
produced  by  the  most  innocent  causes,  or  as 
result  from  the  mere  act  of  dying;  not  a  single 
product  or  result  of  inflammatory  action — not 
a  trace  of  cell-proliferation,  or  of  pyogenesis, 
or  of  ulceration,  is  pretended  to  have  been 
discovered;  the  supposition  of  poisoniug  by 
antimony  is,  therefore,  coutradictedby  a  posi¬ 
tive  fact,  eliminated  in  this  connection. 

Again,  the  extreme  and  protracted  sedation 
}f  the  heart  of  this  man,  if  he  really  was  poi¬ 
soned  with  tartar  emetic  as  alleged,  must 
have  produced  venous  congestion  throughout 
his  entire  system;  while  tne  nervous  symp¬ 
toms,  so  prominently  and  continuously  mani¬ 
fested,  could  have  been  nothing  more  nor  less 
;han  the  results  and  the  measure  of  the 
levelopment  of  that  passive  hyperaemia; 
ind  yet,  contrary  to  the  plainest  laws  of  physi¬ 
ology  aud  physics,  as  well  as  the  experience 
if  the  most  reliable  authorities,  the  lungs 
were  found  perfectly  normal;  there  was  no 
accumulation  of  dark  blood  in  the  right  side 
if  the  heart,  and  no  congestion  whatever  in 
my  organ  save  the  Imam,  and  that  of  a  very 
msiguiticant  character 
Passive  congestions,  most  marked  and  dis- 
dnguishable,  should  have  been  discovered 
everywhere,  and  especially  in  the  lungs  and 
aerve  centres,  while  the  autopsy  really  re¬ 
vealed  it  nowhere,  save  in  the  piamater  and 
in  the  brain  substance,  to  a  limited  aud  un- 
jertain  extent;  for  according  to  Andral  and 
[Sokitausky,  the  accumulation  of  venous 
blood  in  the  vessels  of  the  membrane  referred 
m,  is  an  ordinary  phenomenon  of  the  act  of 
lying,  while  Nisuieyer  declares  (page  156, 
7ol.  II)  that  the  punctiform  appearances  ob- 
lerved  on  the  cut  surface  of  the  central  sub¬ 
stance,  have  but  little  value  as  proof  of 
irevious  byperceuiia,  and  “dependfar  more  on 
;he  fluidity  of  the  blood  than'on  the  fullness 
)f  the  vessels.” 

The  results  of  the  post  mortem  examination 
vere,  therefore,  really  negative,  and  that  fact 
)tr  se  completely  negatives  the  theory  of  an- 
■imonial  poisoning  in  the  case,  for  its  svmp- 
oms,  together  with  its  whole  history,  abso- 
utely  required  for  their  production  certain 
irecedent  and  essential  changes  in  General 
ietehum’s  body,  which  would  immediately 
lave  been  discovered  after  death  in  the  most 
io«iti  ve  form. 

He  might  readily  have  died  from  cerebro 
pinal  meningitis,  with  no  precedent  struc 
ural  changes  of  sufficient  gravity  and  per¬ 
manence  to  be  discernahle  after  death,  fora 
ondition  precedent  to  nutrition  may  he  pre¬ 
luded  by  the  blood  poisoning  ine  dent  to  that 
nd  kindred  diseases,  but  it  is  impossible  to 
uppose  that  he  could  have  succumbed  to  the 
Effects  of  antimonial  poisoning,  under  the  cir- 
umstances,  without  the  existence  of  such 


palpable  lesions  as  would  necessarily  he  re¬ 
vealed  by  an  adequate  autopsy. 

The  negative  results,  therefore,  which  have 
been  so  persistently  and  prominently  relied 
upon  in  this  case,  to  establish  death  from  a 
toxic  agent,  prove  too  much,  if  they  prove 
anything;  they  demonstrate  the  operation  of 
purely  natural  causes  and  an  inevitable  death. 

After  weighing  all  the  facts  in  this  case,  as 
adduced  by  the  testimony  of  the  medical  wit¬ 
nesses  for  the  State,  aud  devoting  to  their 
investigation  much  patient  research  and 
honest  labor,  I  feel  constrained  to  sav,  alike 
in  the  interests  of  science,  justice  and  hu¬ 
manity,  that  the  unfoitunate  man  died,  not 
from  the  action  of  poison,  but  from  the  effects 
of  disease — not  by  human  hands,  but  in  the 
dispensations  of  Providence. 

I  do  not  wish  to  criticise  my  professional 
brethren,  hut  I  think  it  would  have  been  more 
conclusive  if  more  than  two  inches  of  the 
spinal  cord  had  been  examined;  negative  re¬ 
sults  would,  however,  in  all  probability,  have 
been  obtained  from  a  further  examination  of 
the  spinal  cord;  I  have  seen  several  cases  of 
opium  poisoning,  and  also  of  antimouial  poi¬ 
soning;  but  one  of  thecases  of  opium  poisoning 
terminated  fatally. 

To  Mr.  Revell— I  have  been  practicing  med¬ 
icine  twenty-two  years;  I  do  not  think  opium, 
chloral,  chloroform  or  yellow  jessamine  killed 
General  Ketchum;  I  cannot  speak  with  accu¬ 
racy  as  to  the  time  cerebro  spinal  meningitis  ap¬ 
peared;  the  first  vomiting  showed,  in  my  opin¬ 
ion,  the  premonitory  syinptons  of  the  disease; 
it  is  impossible  to  say  accurately  from  the 
testimony  when  the  vomitiDg  com¬ 
menced;  on  Saturday  night  he  went  into 
the  yard,  and  on  his  return  said  he  had 
been  sick  at  the  stomach;  I  do  not  know  that 
vomiting  commenced  then;  I  judge  that  Gen¬ 
eral  K.’s  disease  belonged  to  the  fulminant 
form;  the  vomtings  may  have  been  due  to  in¬ 
digested  matters  in  his  stomach;  the  disease 
is  divided  into  the  simple,  the  purpuric  and 
the  fulminant  forms;  that  is  the  classification 
the  hooks  give;  I  have  read  a  portion  of  Dr. 
Stille’s  monograph,  and  he  describes  the  in¬ 
flammatory  very  well,  hut  General  K.  did  not 
have  that  form;  I  did  not  omit  chilliness, but  I 
described  a  chi  11, and  gave  all  the  symptoms  of 
a  chill;  in  any  form  even  this  chilliness  may 
be  absent;  headache  frequently  presents  it¬ 
self;  indeed  it  is  one  of  the  most  con¬ 
stant  symptoms;  I  mentioned  headache  as  one 
of  tne  symptoms,  and  used  the  disjunctive 
conj action  to  show  the  connection;  I  spoke  of 
headache  as  one  of  the  symptoms,  but  I  did 
not  dwell  upon  it,  because  it  is  frequently 
slight;  it  is  not  observed  sometimes  in  the 
fulminant  form,  and  is  then  slight;  the 
putting  of  his  hands  to  his  head  might  indi¬ 
cate  a  headache;  I  was  impressed  with  the 
opinion  that  General  K.  had  died  of  cerebro 
spinal  meningitis  as  soon  as  I  read  a  written 
statement  to  Mr.  Thomas,  of  the  symptoms; 
when  I  heard  the  testimony  here,  I  was 
more  impressed  with  that  opinion;  I  had 
not  entirely  made  up  my  mind  before  hearing 
the  testimony:  I  told  Mr.  Thomas  at  the  time 
that  I  did  not  think  the  symptoms  indicated 
tatar  emetic  poisoning,  hut  another  disease;  I 
have  seen  fifty  cases  of  cerebro  spinal 


104 


THE  WHARTON- KETCHUM  TRIAL. 


meningitis,  but  they  -were  not  all  of  the 
fulminant  form;  I  held  a  post  mortem 
examination  in  a  violent  case  of  cerebro 
spinal  meningitis;  all  the  violent  symp¬ 
toms  had  manifested  themselves;  I  made 
the  examination  with  a  competent  man, 
and  found  no  decided  lesions;  after  hear¬ 
ing  General  K.’s  ease  described,  I  was  struck 
with  the  similarity:  we  examined  thoroughly, 
the  spinal  cord  partially;  we  examined  all  the 
viscera  minutely;  that  was  several  years  ago, 
and  occurred  in  Virginia:  I  suppose  I  have 
seen  half  a  dozen  persons  die  from  the  fulmi¬ 
nant  form  of  the  disease;  the  case  I  spoke  of 
occurred  in  Baltimore;  I  think  the  man’s  name 
was  Frederick  Hinner,  on  Hamburg  street;  he 
was  attacked  the  latter  part  of  May,  and 
died  in  two  days;  the  symptoms  de¬ 
veloped  themselves  rapidly ;  an  autopsy 
was  not  held;  we  were  anxious  to 
make  it.  but  it  could  not  be  done:  evidences 
of  inflammation  might  be  found  in  the  lower 
portion  of  the  spinal  column  when  they  were 
not  present  in  the  upper  part  of  the  spinal 
cord;  it  might  occur,  but  it  is  not  likely; 
hyperesthesia  is  one  of  the  symptoms  of  cerebro 
mainly  meningitis;  1  infeired  hyperesthesia 
only  from  the  fact  that  when  Dr.  Williams 
touched  General  K.  he  shivered  or  shuddered; 
in  some  forms  of  cerebro  spinal  meningitis  it 
does  not  occur,  yet  it  is  one  of  the  most  con¬ 
st  int  symptoms,  but  in  many  it  is  only 
slightly  present;  it  was  present  in  most 
of  the  cases  I  saw;  the  absence  of 
it  is  exceptional,  but  not  very  exceptional; 
Ratcliffe  states  that  in  the  majority  of  cases 
it  is  present;  I  mean  to  say  that  in  a  majority 
of  cases  it  is  present;  whether  slight  or  exces¬ 
sive,  it  is  a  very  important  symptom;  in  Dr. 
Baltzell’s case  there  was  the  same  rigidity  of 
muscles  which  Dr.  Williams  described;  the 
pupils  of  the  eyes  are  in  cerebro  spinal  menin¬ 
gitis  always  affected;  most  generally  dilated, 
sometimes  of  normal  size,  but  not  respond¬ 
ing  to  light;  I  had  seen  the  dilation  of  the 
pupils  in  another  case  than  that  which  I 
attended  with  Dr.  Baltzell.  Mr.  Revel! 
now  read  from  page  19,  volume  49,  of 
the  Journal  of  Medical  Science,  and  Dr.  War¬ 
ren  said  the  ab-ence  of  albumen  in  the 
nrine  was  not  an  invariable  symptom,  but 
many  cases  had  been  observed  in  whi,ch  it 
was,  but  it  was  not  connected  necessarily 
with  the  history  of  the  case;  not  a  part  of  the 
disease,  but  a  complication;  not  au  essential 
feature,  but  an  accident.  Mr.  Kevell  read 
further  from  page  19  of  the  above-mentioned 
volume,  that  a  rapid  and  profuse  effusion  of 
serum  was  prominent,  and  Dr.  Warren  said 
there  were  epidemic  forms  of  the  disease,  in 
which  it  did  not  occur.  Mr.  Kevell  next  read 
from  Reynolds’  System  of  Medicine,  2d  vol., 
page  679,  that  the  patient  frequently  fell  into 
a  collapse,  etc.,  and  Dr.  Warren  expressed 
liis  opinion  that  the  symptoms  there  described 
were  not  invariable,  they  were  fre¬ 
quently  present  and  frequently  absent.  Mr. 
Kevell  further  read  that  the  urine  was  loaded 
with  albumen,  and  Dr.  Warren  said  it  was 
emphatically  untrue  that  such  was  necessa¬ 
rily  the  case;  it  was  a  complication,  as  lie  had 
before  said. 

To  Mr.  Syester— The  very  nature  of  the  di- 


j  sease  I  have  described  does  not  necess-irilj 
I  produce  the  alnuraen  in  the  urine.  Dr.  War 
|  ren  here  explained  the  reason  for  the  failurt 
to  produce  albumen  in  all  cases. 

To  Mr.  Revell — Chilliness  by  shivering,  ver 
tigo  and  persistent  vomiting,  are  not  invaria¬ 
bly  indicated  at  the  outset. 

TDr.  Warren  here  gave  the  reason  why  ht 
could  not  regard  those  symptoms  as  charac 
|  teristic  or  invariable.] 

He  continued— There  is  no  one  invariabh 
symptoms  of  cerebro  spinal  meningitis,  but  i 
is  only  by  grouping  the  symptoms  that  tin 
presence  of  the  disease  can  be  determined. 

Mr.  Revell  again  read  from  second  volume 
of  Reynolds,  page  676,  and  Dr.  Warren  said 
the  symptoms  there  described  were  notin- 
variable.  Mr.  Revell  again  read  from  the 
same  author,  page  677,  aud  Dr.  Warren  said 
there  were  thousands  of  cases  iu  which  hem¬ 
orrhage  was  not  developed,  and  that  he  dis¬ 
agreed  with  the  author  on  that  point  on  the 
authority  of  all  the  other  authors,  and  be¬ 
cause  ot  his  own  observations.  Mr.  Revell 
read  further  from  page  677  of  the  symptoms 
aud  post  moitem  evioences  which  showed 
themselves  in  the  back  of  the  brain,  back  and 
spinal  column,  and  Dr.  Warren  said  he  agreed 
generally  with  the  description  there  given;  it 
was  a  good  general  description.  Mr.  Revell 
again  read  that  there  was  acute  shiver¬ 
ing  followed  by  headache;  Dr.  Warren  said 
that  frequently  the  shivering  aud  head¬ 
ache  was  slight.  Mr.  Revell  proceeded  to 
read  further,  and  Dr.  Warren  agreed  with 
some  of  the  opinions  of  the  author  and 
expressed,  at  some  length,  his  reasons 
for  disagreeing  with  others.  Mr.  Revell 
again  read  from  the  same  author  at  some 
length,  aud  Dr.  Warren  expressed  his  opinion 
with  qualifications.  It  had  been  shown,  he 
said,  that  the  amount  of  lesions  discoverable 
boreno  proportion  to  the  duration  of  the  dis¬ 
ease. 

Dr.  Warren  continued— Dr.  Ivlebs’  cases  and 
observations  of  certain  conditions  in  the 
liver  and  kidneys  are  not  confirmed  by  other 
authors;  I  cannot  believe  him  if  he  says  such 
are  invariable  characteristics,  because  he  is 
contradicted  by  all  the  most  respectable  au¬ 
thors  on  the  subject;  cerebro  spinal 
asphyxia  is  only  a  conclusion  of  cere¬ 
bro  spinal  meningitis;  the  coating  of  the 
tongue  is  not  a  characteristic  symptom;  the 
case  I  had  in  Baltimore  was  a  decided  case, and 
from  my  previous  knowledge  of  the  disease 
I  readily  recognized  it;  the  invariable  symp¬ 
toms  of  tartar  emetic  poisoning  :we  the  pros¬ 
tration  of  the  heart,  the  secretion  of  urine 
and  the  relaxation  of  the  muscles;  all  the 
books  speak  of  muscular  relaxation  being 
present  to  a  greater  or  lesser  extent;  paralysis 
of  the  lower  extremities  sometimes  accom¬ 
panies  cerebro  spinal  meningitis.  Mr.  Revel 
read  now  from  Niemyer,  2J  volume,  page  233, 
and  Dr.  Warren  said  he  did  not  describe  the 
non-iuflammatory  form  of  cerebro  spinal  men¬ 
ingitis,  which  is  alluded  to  iu  Valleix.  who  ob¬ 
jects  to  the  nomenclature  given  to  the  disease. 

To  Mr.  Syester — There  must  be  iu  the  brain 
some  one  of  the  symptoms  of  one  of  the  forms 
of  cerebro  spinal  meningitis:  it  is  not,  how¬ 
ever,  an  inseparable  couditiou;  there  are 


THE  WHAETON-KETCHUM  TRIAL. 


105 


symptoms  which  are  connected  with  the 
brain  in  this  disease,  but  any  one  may  be  ab¬ 
sent  and  any  one  present;  loss  of  sight  in  some 
rare  cases,  loss  of  hearing  in  some  rare  cases, 
congestion  of  the  face  in  some  cases,  conges 
tion  of  the  scalp  in  some  cases,  heat  of  the 
surface  in  some  cases,  coldness  of  the  surface 
in  some  cases,  loss  of  memory  in  some 
cases,  vertigo  in  some  cases,  headache 
in  some  cases,  delirium  iu  some  cases, 
incoherency  of  speech  in  some  cases,  staring 
expression  of  the  eyes  in  some  cases,  suffusion 
of  the  eyes  in  some  cases,  loud  cries  in  some 
cases;  coma  in  its  different  grades-  contraction 
and  dilation  and  insensibility  of  the  pupils  are 
among  the  symptoms  which  connect  them¬ 
selves  in  this  disease  with  the  brain,  and  I 
could  name  a  dozen  more;  none  of  these  might 
leave  a  post  mortem  lesion;  the  name  of  the 
disease  indicates  inflammation  of  the  mem¬ 
branes  of  the  brain  and  of  the  spinal  cord;  the 
name  does  not  properly  describe  the 
disease;  Niemyer’s  description  of  cerebro 
spinal  meningitis  in  general  does  not  apply 
to  that  form  of  the  disease  of  which  I  believe 
General  K.  died;  he  only  describes  the  form 
in  which  lesions  do  occur;  Dr.  Williams’  let- 
ter simply  suggested  to  my  mind  that  Gene¬ 
ral  K.  had  died  of  cerebro  spinal  meningitis; 
that  disease  is  no  hobby  of  miue:  the  slight 
passive  congestion  ouly  added  to  my  opinion; 
the  absence  of  lesions  was  one  link  in  the 
chain  of  proof. 

Dr.  Warren— A  link  has  a  connection  both 
wavs. 

Mr.  Svester — Yes,  sir,  if  it  is  not  at  the  end 
of  the  chain. 

Dr  Warren  continued— I  saw  a  letter  from 
Dr.  Chew,  giving  an  account  of  the  post 
mortem,  and  I  inferred  that  the  results  of  the 
post  mortem  had  been  only  negative;  no  fact 
in  this  case,  except  that  Dr.  Williams  found 
that  a  shiver  passed  over  General  Ketchum 
when  he  touched  him,  brought  me  to  the 
opinion  that  he  had  hyperesthesia;  you  can’t 
make  anything  else  out  of  it;  if  it  had  been 
tartar  emetic  poisoning,  he  would  not,  accord¬ 
ing  to  my  experience,  had  felt  a  mustard  plas¬ 
ter  in  two  hours;  differences  were  observable 
in  the  pupils  of  the  eyes  in  the  six  cases  of 
cerebro  spinal  meningitis;  no  two  were,  how¬ 
ever,  alike;  I  did  not  see  Dr.  Baltzoll’s  patient 
die,  and  I  did  not  perform  a  post  mortem;  I 
do  not  know  that  he  died  in  tetanic  convul¬ 
sions,  but  I  know  that  he  died  in  convulsions; 
in  the  case  I  examined  in  Virginia  there  was 
an  absence  of  characteristic  post  mortem  le¬ 
sions;  I  examined  every  orgau  likely  to  be 
effected;  the  brain  and  its  membranes,  about 
two  inches  of  the  spinal  cord,  the  lungs,  the 
liver,  the  stomach,  the  intestines,  and  the  kid¬ 
neys;  I  did  not  examine  the  brain  with  a  mi¬ 
croscope,  because  I  was  not  then  familiar  with 
the  use  of  the  microscope;  Gen.  K.’s  brain  was 
examined  with  the  microscope  and  I 
have  no  doubt  very  thoroughly  exam¬ 
ined;  there  may  be  cases  of  active  or 
passive  congestion  of  the  hr  in  which 
do  not  reveal  themselves  to  the  naked  eye; 
there  may  be  two  forms  of  hyperemia;  it  is  the 
greatest  mistake  iu  the  world  to  suppose  that 
convulsions  or  paralysis  are  caused  by  the  pres¬ 
sure  of  that  blood  upon  the  brain,  but  it  is  ex¬ 


ceedingly  difficult  to  ascertain  whether  or  not 
the  brain  has  been  congested,  and  I  was,  there¬ 
fore,  led  to  the  opinion  that  though  the  brain  of 
General  K.  had  been  thoroughly  examined, the 
punctiform  congestion  observed  was  in  all 
probability  negative  in  its  character;  the 
microscop®  does  not  reveal  in  a  post  mortem 
examination  the  evidences  of  congestion  in 
the  brain  in  such  a  case;  Dr.  Woodward,  of 
the  United  States  army,  who  is  a  most  ac¬ 
complished  microscopist,  says  the  post 
mortem  lesions  could  not  be  discovered 
with  the  microscope;  I  cannot  say  how 
many  cases  of  cerebro  spinal  meningitis 
were  in  Baltimore  last  summer,  bat 
it  was  more  of  an  epidemic  there  than  I 
have  ever  before  known;  it  occurs  oftener  in 
winter  than  in  summer;  it  is  called  popularly 
the  cold  plague;  I  know  of  and  have  seen  sev¬ 
eral  cases  of  it  in  Baltimore;  I  suppose  I  have 
seen  half-a-dozen  in  Baltimore;  some  of  them 
died,  but  I  don’t  know  how  many  died. 

Mr.  Syester— I  want  their  names  and  their 
ages  as  near  you  can. 

Dr.  Warren — I  can’t  do  that;  Dr. 

Morris  will  give  them  to  you. 

The  witness  continued— I  do  not  know  how- 
many  of  the  cases  were  those  of  infants,  but 
I  suppose  three  or  four  were  infants;  in  some 
epidemics,  perhaps  in  a  majority,  the  children 
are  most  often  attacked;  in  others  it  is  more 
indiscriminate  in  its  ravages,  and  neither  age 
nor  condition  of  health  constitute  a  barrier 
to  its  invasion;  a  difference  in  that  respect 
manifests  itself  in  various  epidemics;  old  per¬ 
sons  are  not  so  apt  to  be  affected  by  it  as 
young  persons;  I  think  a  majority  of  the  cases 
of  the  epidemic  of  the  disease  in  Baltimore 
last  summer  were  those  of  children;  I  don’t 
recollect  ot  any  old  persons  being  attacked 
by  it;  I  think  the  old  are  less  liable  to  be  at¬ 
tacked  than  children  or  the  middle  aged. 

The  Court  here  adjourned  until  10  A.  M. 
to-morrow,  when  Dr.  Warren  will  be  recalled 
for  continued  cross-examination  by  the  State’s 
officers. 

Among  those  present  to-day  were  Hon. 
Wm.  M.  Merrick,  M.  C.;  A.  Leo  Knott, 
Esq.,  State’s  Attorney,  of  Baltimore  city:  Col. 
H.  D.  Lonev,  of  the  Fifth  Regiment,  of  Balti¬ 
more;  and  Drs.  Williams,  Miles  and  Chew. 
Prof.  Tonry  was  not  present  to-day,  but  re¬ 
mained  in  attendance  until  the  conclusion  of 
Dr.  Reese’s  testimony.  Dr.  Reeese  re¬ 
turned  to  Philadelphia  on  yesterday, 
aud  Professor  McCulloch  left  to-day 
for  New  York.  Professor  White,  of 
St.  John’s,  is  still  in  attendance  upon  the 
trial.  General  Brice  was  not  present  to-day. 
Susan  Jacobs  still  occupies  the  seat  in  the 
corner  which  she  took  at  the  commencement 
of  the  trial.  Dr.  James  C.  Welling,  ex-Presi- 
dent  of  St.  John’s  College,  now  connected 
with  Princeton  College,  aud  Professors  Nel¬ 
son  aud  Dashiel,  of  St.  John’s  were  also  pres¬ 
ent  to-rlay.  Drs.  Hiram  and  Wm.  Corson,  of 
Norristown,  Pennsylvania,  have  been  iu  at¬ 
tendance  each  day  since  then  arrival.  Prof. 
Harvey  L.  Bird,  of  Washington  University, 
Baltimore,  has  been  summoned  for  the  de¬ 
fence,  and  has  been  present  for  several  days. 


106 


THE  WHARTON-KETCHUM  TRIAL. 


twenty-seventh  day. 

Annapolis,  January  5, 1872. 

It  lias  been  shown,  both  by  the  State  and 
the  defence, that  those  who  were  not  cognizant 
of  the  circumstances  alleged  to  connect.  Mrs. 
YVbarton  with  the  death  of  Genera" Ketcbum, 
have  more  to  say  at  her  trial  than  those  who 
were  present  at  the  death-bed.  Medical  and 
chemical  science  seem  to  have  found  in  the 
great  trial  a  happy  opportunity  for  airing 
themselves;  chemistry  has  shaken  oil  much  of 
the  dust,  of  years,  and  put  rather  a  new  face 
on  an  old  body,  while  medicine  has  delighted 
in  something  of  a  gladiatorial  exhibition. 
From  the  looks  of  the  jury  it  is  evident  that 
they  have  ceased  to  take  much  interest  in 
scientific  revelations. 

Dr.  Edward  Warren  was  re-called  to-day, 
and  in  answer  to  Mr.  Svester,  testified— I  have 
no  recollection  that  the  ages  of  any  of  the 
patients  in  Baltimore  afflicted  with  cerebro 
spinal  meningitis  exceeded  fifty  years;  I 
cannot  say  definitely  that  the  age  of  any  of 
them  exceeded  fifty  years;  the  cases  occurred 
in  various  parts  of  Baltimore;Dr.  Baltzell’scase 
was  an  South  Baltimore;  I  saw  a  case 
in  East  Baltimore,  one  on  Calvert  street, 
and  one  on  St.  Paul  street;  out  of  the  six 
cases  on'y  one  was  fatal;  that  was  the  only 
case  which  assumed  the  fulminant  form;  the 
others  were  ordinary  cases:  the  rule  is  that 
the  duration  of  the  disease  has  nothing  neces 
sarily  to  do  with  the  amount  or  develop¬ 
ment  of  lesion,  but  it  has  much  to  do  with 
the  extent  of  lesion;  a  case  however  pro¬ 
tracted  would  not  necessarily  leave  le¬ 
sions;  the  vepid  form  of  it  would  not  be  fol¬ 
lowed  by  as  extensive  lesions  as  a  longer  at¬ 
tack;  the  lesions  depend  invariably  upon  one 
form  or  other  of  the  disease;  that  is  qn  one 
form(tke  inflammatory)if  there  be  time  enough 
for  their  development;  there  is  no  difference 
in  the  symptoms  of  these  two  forms  which 
have  been  distinguished;  you  cannot 
tell  until  after  death  anu  the  post 
mortem  examination  has  been  made  which 
of  the  two  forms  you  have  been  dealing  with; 
you  determ  ue  that  by  the  lesions;  Dr.  Balt- 
zell’s  case  was  of  the  fulminant  form;  fulmi¬ 
nant  applies  to  the  inflammatory  and  the  non¬ 
inflammatory  form  alike;  there  may  be 
lesions  iu  the  fulminant  form,  but  they  are 
not  so  likely;  that  form  is  too  rapid  for  the 
development  of  lesions;  it  is  impossible  to  say 
how  long  it  takes  to  develop  the  lesions;  they 
do  not  depend  upon  the  violence  of  the  symp¬ 
toms,  but  upon  the  duration  of  the  disease;  in 
the  fulmiuaut  form  it  is  as  if  a  man  was 
stricken  down  almost  by  lightning,  as  it 
were;  the  nervous  system  is  so  pros¬ 
trated  that  inflammatory  action  cannot  be 
produced;  the  time  and  the  condition  of 
the  system  in  the  fulminant  form  both 
concur  to  hinder  the  development  of  the  le¬ 
sions;  pathology,  like  everything  else,  isnot  a 
matter  of  accurate  exactness.  (The  witness 
here  explained  the  prostration  of  the  system  in 
the  fulminant  form.)  He  continued— By  a  post 
mortem  examination  and  the  lesions  you  could 
determine,  in  a  majority  of  cases,  whether 
the  inflammatory  or  non-inflammatory  form 


had  existed,  but  if  it  had  terminated  in  too 
brief  a  period  the  post  mortem  would  not  de¬ 
termine  what  had  been  the  disease. 

To  the  Court— There  is  no  absolute  rule  for 
determinlpg  the  time  in  which  the  lesions 
would  develope. 

To  Mr.  Syester — There  is  no  rule  as  to  the 
length  of  time  in  which  the  fulminant  form 
would  develope  lesions;  the  most  violent  in¬ 
flammatory  form  may  not  develop  any  le¬ 
sions;  it  must  be  either  the  inflammatory  or 
the  non-inflammatory  form;  you  can’t  tell  to 
which  form  it  belongs;  I  examined  one  case  of 
the  fulminant  form;  sometimes  the  inflamma¬ 
tion  limits  itself  to  the  brain;  sometimes  the 
lesions  revealed  at  post  mortem  examinations 
are  difficult  to  determine;  it  is  difficult  for  an 
iuexperienced  eye  to  determine  the  lesions  in 
acaseof  passive  congestion. 

The  witness  here  referred  to  Dr.  Woodward, 
and  Mr.  Syester  said  Dr.  Woodward  was  not 
in  Court,  and  he  protested  against  a  reference 
to  him. 

Mr.  Steele  replied,  and  said  he  hoped  the 
Court  would  lay  down  some  rule  to  bo  ob¬ 
served  in  cross-examinations. 

Mr.  Syester  said  he  was  sensible  of  the  in¬ 
dulgences  which  had  been  extended  to  him  on 
the  other  side,  but  he  did  not  think  the  course 
of  the  cioss-examination  had  gone  wrong. 
He  then  continued  to  explain  how  be  con¬ 
sidered  the  state  of  the  case. 

The  Chief  Judge  said  it  was  impossible  to 
lay  down  any  rule  but  what  bad  already 
been  enforced;  namely,  that  a  direct  answer 
must  be  given  to  a  catergorical  interrogatory, 
and  then,  if  necessary,  an  explanation  could 
be  made  afterwards. 

Dr.  Warren  continued — The  difficulty  of  de¬ 
termining  the  post  mortem  lesions  may  ac¬ 
count  for  many  of  the  varying  reports,  but  it 
cannot  account  for  all.  Dr.  Warren  then  re¬ 
ferred  to  Reynolds’  System  of  Medicine,  page 
513.  He  continued— Ratcliffe  says  the  lesions 
are  often  absent  in  the  fulminant  form;  ac¬ 
cording  to  his  observations,  it  would  be  in¬ 
ferred  that  the  lesions  are  very  few;  scarlet 
fever  and  measles  often  carry  off  their  victims 
without  leaving  traces  behind  them.  Dr.  War¬ 
ren  then  referred  to  page  514  of  Reynolds’ 
System  of  Medicine.  v 

Mr.  Syester— We  ought  to  be  able  to  fell 
where  these  forms  run  to,  no  matter  where 
they  run. 

Dr.  Warren — We  can  tell  as  much  about  it 
as  a  lawyer. 

Mr.  Syester— Lawyers’  mistakes  appear  to 
all  the  world,  and  doctors  bury  their  mistakes 
six  feet  under  ground. 

Dr.  Warren— Yes.  but  sometimes  lawyers 
hang  their  mistakes  on  a  tree. 

The  spectators  seemed  to  enjoy  this  little 
spat. 

Dr.  Warren  continued — The  authorities  I 
have  quoted  do  not  refer  to  the  microscope, 
but  sav  the  lesions  are  not.  present,  and  take 
the  responsibility;  they  are  proficient  micro- 
scopists  and  I  conclude  they  used  the  micro¬ 
scope  in  their  examinations 

Objection  was  made  to  the  witness  stating 
that  he  concluded  that  the  microscope  had 
been  used  by  the  authors  he  had  quoted,  in 
their  examinations,  and  the  Court  decided 


THE  WHARTON-KETCH UM  TRIAL. 


107 


- - - 7 - 

that  it  was  a  matter  for  argument  by  counsel 
before  the  jury,  and  not  one  that  the  witness 
could  give  as  his  conclusion. 

Dr.  Warren  continued — There  is  no  exact 
location  for  the  inflammation  of  the  brain 
from  fulminant  cerebro  spinal  meningitis:  it 
may  be  found  on  its  surface,  in  its  substance, 
in  its  ventricles  or  in  the  spinal  cord;  I  said 
yesterday  that  I  thought  it  would  have  been 
better  if  the  whole  spinal  cord  had  been  ex¬ 
amined:  it  is  simply  possible  that  lesions 
would  have  been  discovered  on  further  ex¬ 
amination  of  the  spinal  cord;  I  do  not  know  of 
any  laws  which  would  ha  ve  made  it  certain 
that  lesions  would  have  been  discovered:  I 
do  know  that  lesions  might  have  been  dis¬ 
covered;  the  books  give  cases  in  which  lesions 
were  found  in  the  spiDal  cord  and  nowhere 
else;  in  those  cases  the  lesions  were  not  found 
anywhere 'else:  I  do  not  remember  that  the 
cases  were  of  the  fulminant  form,  but  I  sup¬ 
pose— 

Mr.  Syester — Never  mind,  Doctor,  what  you 
suppose. 

Dr.  Warren — Well,  I  doubt  the  authenticity 
if  the  cases  reported.  He  continued— I  doubt 
i  a  further  examination  would  have  devel- 
iped  lesions;  if  lesions  had  been  found  in  the 
lower  portion  of  the  spinal  cord.  I  think  they 
would  have  been  of  those  of  the  inflammatory 
torm;  they  might  have  been  of  the  fulminant 
;orm  ;  I  do  not  know  that  the  spinal  cord  is 
inly  affected,  if  at  all,  in  violent  forms  of  the 
lisease. 

^Mr.  Syester  now  read  a  note  in  Reynolds’ 
system  of  Medicine,  edition  of  1868,  as  the 
lomenclature  of  the  disease ;  and  the  witness 
repeated  in  the  main  what  he  had  said 
ireviously  of  the  different  forms. 

Mr.  Syester  here  read  from  Flint,  page  651,  of 
wo  cases  there  reported,  in  which  there  were 
io  effusions  in  the  nervous  centres,  and 
Dr.  Warren  said  he  did  not  think  the  author 
eferred  to  them  as  the  products  of  inflamrua- 
ory  action. 

Mr.  Syester  next  read  from  Stille,  page  76, 
nd  Dr.  Warren  said  he  agreed  with  the 
’pinion  there  expressed;  he  understood  the 
uthor  to  be  treating  of  the  fulminant  form, 
nd  continued,  I  do  not  know  that  he  treats 
f  anv  other  form. 

Mr,  Syester  then  read  from  Niemyer,  vol- 
me.2,  page  222,  that  in  some  cases  the  disease 
an  its  rapid  course  and.  no  symptoms  of 
etanic  convulsions  showed  themselves,  and 
he  witness  agreed  with  the  author,  and  con- 
inued — A  man  may  be  stricken  down  without 
eing  able  to  speak  or  make  a  sign;  headache 
lay  be  very  slight,  and  it  may  not  occur; 

;  might  last  five  hours,  and  there  might  be  no 
eadache,  and  again  in  two  days  it  might  not 
low  itself;  I  would  not  conclude  that  if  a 
tan  said  two  hours  before  death  that  the  pain 
as  in  his  stomach,  that  headache  was  neces- 
;  irily  absent;  I  would  not  conclude  either, 
lat  there  was  general  paralysis;  when 
rralysis. is  present  it  connects  itself  oftener 
ith  the  inflammatory  form  than  any  other. 
Mr.  Syester  again  read  from  Niemyer,  page 
1/2,  as  to  the  symptons  and  rapid  course  of 
ie  disease,  and  Dr.  Warren  said  the  author 
d  not  refer  to  the  tetanic  form  in  his  remarks 
xmt  general  paralysis,  | 


He  continued— Hyperesthesia  may  occur  at 
any  period  of  the  disease,  and  may  disappear 
at  any  time;  I  think  the  tremor  described  by 
Dr.  Williams  indicated  it;  I  didnot  hear  Mrs. 
Hutton's. testimony  about  having  sat  by  and 
rubbed  bis  hands;  I  would  not  consider  the  fail¬ 
ure  to  respond  then  an  indicationof  hyperesthe¬ 
sia;  I  do  not  mean  to  say  that  it  was  present  at 
that  stage;  the  tremor  observed  by  Dr.  Wil¬ 
liams  was  a  sufficient  indication  to  my  mind 
of  the  presence  of  hyperesthesia;  I  know  from 
that  tremor  that  hyperesthesia  was  at  that 
time  present;  if  it  did  disappear;  the  fact  that 
he  afterwards  pub  his  hands  on  his  body  and 
scratched  himself  is  another  indication,  not 
amounting  to  positive  proof,  that  irrita¬ 
tion  was  present;  I  can  well  understand  how 
a  man  in  a  state  of  semi-consciousness 
would,  in  his  efforts  to  remove  the  sources 
of  irritation  to  his  skin,  abrade  his  skin; 
my  judgment  is  that  those  movements  of 
General  K’s  hands,  in  scratching  himself, etc  , 
were  automatical;  but  if  they  had  any  patho¬ 
logical  significance,  they  pointed  either  to 
the  existence  of  pain  or  hyperesthesia;  a 
shiver  passing  from  head,  to  foot  never  oc¬ 
curred  under  such  circumstances;  his  sleep 
amounted  to  semi-unco/  sciousness,  as  he  had 
to  be  shaken  before  his  physician  could  awake 
him;  I  admitted  from  the  start  that  it  was  a 
slight  circumstance;  I  simply  said  that  at  the 
moment  General  K.  applied  his  hands  aud 
scratched  himself  indicated  that  hyper 
esthesia  might  at  that  time  have 
been  present;  I  would  not  say  that  dur¬ 
ing  the  time  Mrs,  Hutton  was  rubbing 
General  K’s  hands  that  hyperesthesia  was 
present  just  at  that  time;  I  can’t  say  that 
it  disappeared  just  at  that  moment;  I  have 
not  read  Dr.  Williams’  letter  since  yesterday, 
but  I  can  give  you  my  reason,  for  the  opin¬ 
ion  to  which  it  led  my  mind. 

Mr.  Syester— Never  mind,  Doctor;  you  could 
not  give  an  opinion  yesterday  without  having 
re-read  the  letter, and  we  don’t  want  it  to-day, 
as  you  have  not  read  it  since  yesterday. 

Dr.  Warren  continued— Opium  would  pre¬ 
vent  vomiting  if  given  in  a  sufficient  quan¬ 
tity;  the  urine  would  be  last  affected  in  opium 
poisoning;  I  have  said  that  muscular  relaxa¬ 
tion  was  among  the  symptoms  of  tartar 
emetic  poisoning.  [Mr.  Syester  here  read  from 
Taylor  on  Poisons,  page  249;  Stille  on  Poi¬ 
sons,  2d  vol.,  page  40;  Taylor  on  Poisons,  page 
390,  and  Wormley,  page  216,  and  Dr.  Warren 
expressed  his  concurrence  with  the  opinions 
there  expressed.]  He  continued — Ii  the 
symptoms  I  have  described  and  agreed  to 
were  present, and  antimony  was  discovered  in 
his  stomach,  I  would  investigate  the  case, and 
if  I  found  the  symptoms  of  antimonial  poison¬ 
ing  I  would  infer  antimonial  poisoning; 
but  if  the  post  mortem  lesions  and  the 
symptoms  were  those  of  another  disease,  I 
would  refer  it  to  that  disease  ;  if  I  found  the 
characteristic  symptoms  of  tartar  emetic 
poisoning,  and  the  post  mortem  confirmed 
these  symptoms,  my  opinion  would  be  that 
tartar  emetic  had  caused  death:  special 
tetanic  spasms  may  occur  in  connection  with 
muscular  relaxation;  profound  coma  is  some¬ 
times  a  symptom  of  cerebrospinal  meningitis; 
I  don’t  know  how  much  I  get  as  a  fee  in  this 


108 


THE  WHARTON-KETCHUM  TRIAL. 


case;  I  expect  to  be  paid  a  proper  fee;  it 
is  customary  in  this  country  and  in  England 
to  employ  '  proper  medical  experts;  I  have 
fixed  upon  no  sum,  and  have  had  no  under¬ 
standing  about  it;  I  have  heard  by  common 
report  that  there  were  witnesses  for  the 
State  are  to  receive  fees;  I  heard  it  from 
Dr.  Morris;  he  told  me  that  a  witness  for  the 
State  had  told  him  he  was  employed  as  an  ex¬ 
pert,  and  expected  to  be  paid  a  proper  remu¬ 
neration  for  his  services  and  time;  he  said 
Dr.  Williams  was  the  gentleman;  I  uever  ex¬ 
pressed  an  opinion  on  the  streets  of  Baltimore 
that  Gen.  Ketchum  had  died  of  cerebro  spinal 
meningitis  before;  the  letter  of  Dr.  Williams 
gave  me  the  suspicion  of  that  disease;I  can’t  re¬ 
member  the  symptoms  which  gave  mo  that  sus¬ 
picion;  I  cau  name  convulsions,  also  the  fact 
that  the  catheter  was  used;  also  a  semi-con¬ 
scious  state  of  the  patient;  the  symptoms 
which  showed  themselves  in  General  K.’scase 
late  on  Tuesday  and  Wednesday  may 
have  been  those  of  the  fulminant  form  of  the 
disease;  1  do  say  that  a  persou  attacked  in  the 
way  in  which  General  K.  was  would  have  the 
fulminant  form;  I  should  not  think  he  could 
walk  about,  talk,  and  then  live  with  an  at¬ 
tack  of  the  fulminant  form  of  the  disease. 

Mr.  Kevell  now  read  from  Niemyer  &  Grisole 
as  to  the  symptoms  of  tartar  enmtic  poison¬ 
ing,  and  the  absence  of  lesions  discoverable 
li3r  post  mortem  examinations,  and  Dr.  War¬ 
ren  said  they  were  generally  correct. 

The  State’s  officers  here  announced  that 
they  had  closed  the  cross-examination  of  the 
witness. 

Dr.  Warren  here  desired  to  make  a  personal 
explanation  as  to  his  connection  with  Mrs. 
Wharton’s  case,  and  the  Court  consented. 

Mr.  Steele  said  he  did  not  think  it  was  ne¬ 
cessary,  but  Dr.  Warren  insisted,  and  was  pro¬ 
ceeding  to  narrate  a  conversation  with  Mr. 
Thomas,  who,  he  said,  had  called  upon  him  in 
the  interests  of  justice  aad  humanity,  when 
Mr.  Syester  objected,  and  after  some  desultory 
discussion  as  to  the  propriety  aud  right  to 
make  the  desired  explanation,  the  Attorney 
General  said  he  had  not  intended  to  cast  an 
imputation  upon  the  character  of  Dr.  Warren. 
The  explanation  was  then  left  unfinished. 

Dr.  Warren  continued,  in  answer  to  Mr. 
Syester  (by  consent  of  tho  defence) — Cerebro 
spinal  meningitis  does  notin  all  its  forms  begin 
with  a  chill;  the  most  violent  form  occurs  in 
the  epidemic;  1  think  that  was  Gen.  K.’s  case; 
it  had  been  present  for  several  days,  aud  fulmi¬ 
nated  on  W  ednesday. 

To  Mr.  Steele — Congestion  of  the  kidneys  is 
one  of  the  complications  of  cerebro  spinal 
meningitis.  Mr.  Steele  then  read  from  Nie¬ 
myer  on  the  subject  to  which  he  had  just  re¬ 
ferred,  aud  Dr.  vVarren  agreed  with  the  opin¬ 
ion  held  by  that  author.  Mr.  Steele  read  next 
from  Stille.  page  93,  aud  Dr.  Warren  reiterated 
his  opinion  that  the  symptoms  and  lesions 
there  described  were  complications.  Mr. 
Steele  again  read  from  Niemyer  on  the  sub¬ 
ject  of  headache  aud  coma  in  spinal  menin¬ 
gitis,  and  Dr.  Warren  said  the  opinions  were 
in  agreement  with  his  own. 

Dr.  Warren  continued — The  epidemic  may 
recur,  aud  its  influence  does  not  necessarily 
disappear.  Mr.  Steele  then  read  from  several 


authorities,  as  to  the  microscopic  revelations 
and  Dr.  Warren  briefly  expressed  his  opinions 

Dr.  Warren  was  then  allowed  to  leave  th< 
stand. 

Dr.  John  Morris  was  next  called,  and,  aftei 
affirming,  testified — I  am  a  medical  mao  anc 
reside  in  Baltimore;  I  have  practiced  medi 
cine  nearly  six  and  twenty  years;  I  have  hat 
three  unmistakable  cases  of  cerebro  spina 
meningitis;  I  have  one  of  the  three  undei 
treatment  now;  some  of  mine  were  solely  ful 
minant  in  the  manner  of  invasion  and  not  th( 
termination:  the  two  first  cases  recovered,  tf 
my  surprise,  and  ray  present  patient  will,  3 
think,  recover,  though  paralysis  has  super¬ 
vened. 

Mr.  Hagner  now  read  to  the  witness  the 
following  hypothetical  case  and  interroga¬ 
tory: 

A  gentleman  about  fifty-eight  years  of  age, 
residing  on  the  Heights  of  Georgetown.  D.  C.. 
on  the  morning  of  the  24tb  of  June,  1871,  at ! 
o’clock  A.  M.,  was  in  Washington  city,  more 
than  a  mile  and  a  half  from  his  home,  having 
already  breakfasted.  After  other  occupations 
he  called  about  12  M.  at  an  office  more  than 
a  mile  farther  oil,  and  there  he  was  engaged 
about  important  business,  in  completing 
which  he  walked  about  a  mile  and 
a  half  further.  The  day  was  ex¬ 
cessively  warm,  aud  he  seemed  to  bo  mud 
heated.  He  took  no  dinner.  He  came  over  tc 
Baltimore  in  an  afternoon  train,  and  aftei 
reaching  there  drove  and  walked  about  a  mill 
from  the  depot  to  his  lodgings,  and  imme¬ 
diately  walked  out  again  and  was  absent 
sometime.  Between  8  and  9  o’clock  P.  M.  he 
partook  of  a  hearty  meal  of  meat,  biscuits 
coffee,  etc.,  of  which  raspberries  were  the 
concluding  course,  and  after  smoking  and 
talking  with  his  friends  until  11  o’clock  P.  M 
lie  retires  to  bed.  Some  hours  afterwards  hi 
is  taken  sick,  and  leaves  his  room  aud  walki 
down  stairs  into  the  yard. 

Sauday  morning,  thougn  still  complainin} 
of  not  feeling  well,  he  goes  out,  visits  < 
friend,  and  remains  for  some  time.  He  thei 
returns  indisposed.  Between  8  and  9  o’clocl 
P.  M.  ho  drinks  a  glass  of  lemonade,  witl 
brandy  in  it.  and  after  an  hour  or  two  retire 
to  bed.  During  the  night  he  is  attacked  witl 
symptoms  of  cholera  morbus,  and  goes  to  th' 
yard  once  about  12  o’clock.  On  the  nex 
morning  (Monday)  he  is  still  unwell,  and  com 
plaiusof  nausea  and  giddiness,  but  eatssoui 
breakfast  in  bed.  He  vomits  at  about  1 
o’clock  A.  M.,  aud  again  abaut  4  or  5  o’clocl 
P.  M. 

At  4  or  5  o’clock  P.  M.  of  the  same  day  h 
is  visited  by  a  physician,  who  finds  him  ver; 
much  nauseated,  pale  and  prostrated,  with 
rapid  and  feeble  pulse,  sitting  up  and  boldin 
a  slop  bucket  between  his  knees,  into  wliic 
he  vomits  frequently.  A  dose  consisting  o 
two  drops  of  creosote  and  a  tablespoonfnl  n 
lime  water,  is  giveu  him.  and  ordered  toll 
repeated  every  second  hour,  and  it  relieve 
him-  He  is  seen  again  at  2  o’clock  P.  M.'  o 
Tuesday,  sitting  upon  the  side  of  his  bed  ex 
amining  his  watch,  but  makes  no  remark 
He  is  visited  by  his  physician  again  on  Tues 
day  morning,  about  10  o’clock,  and  is  foun 
asleep:  but  on  being  aroused,  expresses  bin 


TEE  WHARTON-KETCHUM  TRIAL. 


109 


self  as  well  enough  to  leave  Baltimore  during 
the  day.  He  continues  to  sleep  during  the 
morning,  and  when  aroused  and  induced  to 
walk  from  his  bed  to  a  lounge  in  the  room, 
seems  feeble  and  exhausted.  He  returns  to 
his  bed  and  sleeps  heavily,  with  heavy  breath¬ 
ing,  for  several  hours.  He  is  again  aroused 
and  returns  to  the  lounge  while  his  bed  is 
being  made  up.  In  walking  from  the  bed  to 
the  lounge,  it  is  observed  that  ho  has  difficulty 
in  walking,  that  his  gait  is  unsteady,  and 
that  he  staggers  as  he  moves  along.  He 
lies  down  on  the  lounge.  No  vomited 
matters  are  found  in  his  room  during  the 
whole  of  that  day,  and  he  passes  no  urine.  At 
0  o’clock  P.  M.  he  is  discovered  sleeping  pro¬ 
foundly  and  breathing  stertoriously,  but  af¬ 
terwards,  without  waking,  changes  his  posi¬ 
tion  and  seems  to  breathe  better.  He  spends 
the  night  on  the  lounge.  His  physician  is  sent 
for  on  Wednesday  morning,  and  visits  him 
about  10 o’clock  A.  M.  andfindshim  semi-coma¬ 
tose,  with  a  feeble  and  rapid  pulse;  pupils 
natural  in  size  and  insensible  to  light;  respira¬ 
tion  slightly  hurried,  and  the  muscles  of  the 
neck,  back  and  extremities  rigid;  heis  aroused 
with  difficulty,  and  immediately  relapses  iuto 
a  profound  sleep;  a  remor  passes  over  him 
when  touched;  he  can  only  articulate  a  single 
word  at  a  time,  and  is  unable  to  frame  a  sen¬ 
tence:  be  has  passed  no  urine  for  more  than 
twenty-four  hours;  no  special  relaxation  of 
such  muscles  as  are  not  rigid  is  observed;  his 
face  is  turned  towards  the  back  of  the  lounge, 
and  is  livid,  of  a  purplish,  bluish  and  reddish 
, tinge. 

At  11  o’clock  A.  M.  forty  drops  of  the  tinc¬ 
ture  of  yellow  jessamine  (gelseminum)  are 
administered  in  two  teaspoonfuls  of  water, 
his  physician  having  previously  removed  him 
to  his  bed  and  applied  ice  to  his  head;  his 
teeth  are  clenched,  his  jaws  are  opened  with 
difficulty  to  receive  the  medicine.  In  a  short 
time  his  color  improves,  and  his  eyes  look 
notably  better,  although  he  still  remains  un¬ 
conscious  and  rigid.  He  then  shows  signs  of 
great  restlessness,  struggles  to  get  out  of  bed, 
and  then  relapses  iuto  a  state  of  quiescence  and 
semi-consciousness.  At  live  minutes  before  1 
o’ciock  another  dose  is  administered,  contain¬ 
ing  more  liquid,  between  two  or  three  table- 
tpoonfuls,  as  alleged,  and  in  about  15  minutes 
afterwards  he  slaps  the  shoulder  of  an  attei.d- 
iant,  grasps  the  back  of  his  neck,  seizes  various 
'parts  of  his  bodv,  scratches  himself  with 
his  nails,  utters  disjointed  words  and  cries.and 
then  is  seized  with  tetanic  convulsions.  Opis- 
iholonos  is  developed,  At  each  convulsive 
movement  there  seemed  to  be  a  systematic 
iffort  to  throw  himself  on  his  left  side;  be 
units  groans:  trismus  shows  itself;  c^ma  in¬ 
creases,  and  the  patient  is  apparently  in  arti- 
lulo  mortis.  At  about  1:30  o’clock  P.M.  chloro¬ 
form  is  administered,  and  at  about  2  o’clock 
?.  M.  30  grains  of  chloral  are  given,  and  at 
,bout  3  o’clock  P.  M  he  dies  without  abate¬ 
ment  in  his  symptoms. 

His  urine  is  drawn  off  about  1:30  o’clock  P. 
<L,  and  tested  with  nitric  acid  and  heat, 
without  the  discovery  of  any  abnormal  sub- 
tance  in  it. 

The  post  mortem  examination  reveals  a 
:  igor  mortis,  red  marks  like  scratches  on  his 


neck  and  abdomen,  somered  patches  in  the  mu¬ 
cous  coat  of  the  stomach  and  intestines, hut  uo 
product  of  inflammatory  action;  the  liver, 
spleen,  eosophagus,  lungs  and  heart  in  a 
healthy  condition;  the  vessels  of  the  dura 
mater  were  not  very  full  of  blood;  the  vessels 
of  the  pia  mater  somewhat  congested;  the 
veins  filled  with  dark  blood,  indicating  pas¬ 
sive  congestion;  the  brkin  substance  natural 
and  healthy,  with  some  dark  points  of  blood, 
indicating  passive  congestion  on  its  cut  sur¬ 
face;  “such,”  in  the  language  of  his  physician, 
“as  are  frequently  produced  hv  the  mere  act 
!  of  dying,  and  which  may  have  been  post 
mortem;”  no  extraversation  of  blood;  no  in¬ 
crease  or  diminution  of  the  cerehro  spinal 
fluid;  no  effusion  of  serum,  and  no  signs  or 
results  of  inflammation  in  any  organ  or  struc¬ 
ture;  about  two  inches  of  the  spinal  cord,  the 
medulla  oblongata,  were  examined  without 
the  discovery  of  lesions.  The  rest  of  the  spinal 
cord  itself  was  not  examined. 

From  the  symptoms  as  there  described,  and 
the  post  mortem  revelations  there  described, 
do  you  think  the  deceased  died  from  natural 
or  non-natural  causes  ? 

Dr.  Morris  replied— It  is  a  very  difficult  and 
delicate  question;  hut  if  I  were  asked  that 
naked  question,  and  had  no  knowledge  of 
surrounding  things,  I  could  not  assign  a  cause 
of  death:  I  see  nothing  to  exclude  the  theory 
of  death  from  a  natural  cause,  but  at  the 
same  time  I  cannot  venture  to  say  what 
that  natural  cause  whs  or  might  have  been; 
Dr.  Warren  saw  two  cases  of  mine — one  of 
an  adult  and  one  of  a  child;  in  truth,  I  in¬ 
vited  the  whole  profession,  as  far  as  I  could, 
to  see  my  case,  so  anxious  was  I  to  investi¬ 
gate  the  nature  of  this  new  and  insidious 
disease;  it  is  at  least  new  to  us  in  Baltimore; 
two  of  my  cases  (of  children)  were  suddenly 
taken,  after  returning  from  school,  with  the 
characteristic  symptoms,  which  manifested 
themselves  in  forty-eight,  hours;  then  the  ful- 
mination  terminated;  one  case  was  of  a  vigor¬ 
ous,  stout  man.  and  he  still  lives  to  tell  the 
stoiy. 

The  witness  was  now  turned  over 
to  the  State,  and  in  answer  to  Mr. 
Syester  said — I  suppose  the  man  I  speakof  (his 
name  is  Jacob  Armer)  is  about  38  years  old; 
I  don’t  remember  the  month,  but  think  it  was 
in  August  or  September:  I  know  his  wife  told 
me  she  had  used  six  bushels  of  ice  ou  his  head 
and  spine 

Mr.  Syester — Well,  Doctor,  was  that  before 
you  got  at  him  ? 

Dr.  Morris,  nervously— Oh !  no,  sir,  that  was 
what  I  prescribed  for  him. 

Dr.  Morris  continued — Mr.  Armer  was  a  tan¬ 
ner,  and  subject  to  labor,  exposure  and  heat, 
and  perhaps  they  superinduced  the  disease; 
the  popular  name  is  cold  plague,  but  that  is 
a  very  vulgar  name;  when  medical  men  and. 
chemists  disagree  it  don’t  signify  anything  to 
laymen,  but  it  may  to  medical  jurists;  I  would 
not  like  to  say  positively  that  it  was  an  epi¬ 
demic  disease  in  Baltimore,  but  it  was  a  new 
disease  to  the  profession  in  Baltimore;  it  is  not 
a  contagious  disease;  it  occurs  oftener  in  cold 
weather  than  in  warm  weather;  I  know  per¬ 
sonally  of  only  three  cases;  I  know  of  50  others 
by  hearsay. 


110 


TEE  WHARTON-KETCHUM  TRIAL. 


Mr.  Steele  here  desired  to  know  if  the  exis 
tence  of  the  disease  as  an  epidemic  conld  be 
given  m  evidence  by  only  one  medical  naan,  or 
■would  it  be  required  that  all  the  physicians 
•who  had  cases  of  it  were  to  be  called  to  estab¬ 
lish  that  fact.  The  Court  decided  that  it  was 
not  evidence. 

Dr.  Morris  continued — The  first  cases  I  had 
was  in  June;  it  occurs  oftener  in  crowded 
populations,  and  I  believe  it  would  attack 
children  in  a  crowded  city  soonest;  I  will  tell 
you  more  about  its  seasou  for  appearing  when 
I  see  more  of  it  in  Baltimore;  I  don’t  go  by 
the  books;  headache  was  in  all  the  cases  I  had; 

1  never  s  w  such  a  case  of  headache  as  poor 
Arrner  had;  1  cannot  say  that  it  is  ushered  in 
with  a  chill;  it  is  a  blood  poison;  I  believe 
every  case  of  fever  is  ushered  in  by  a  chill;  I 
will  now  give  a  description  of  one  of  my  cases; 
the  patient,  apparently  in  goood  health,  is 
taken  suddenly  with  an  attack  of  dis¬ 
ease  ;  headache  and  vomiting  are  the 
first  symptoms,  the  latter  almost  invariably; 
then  almost  a  train  of  nervous  symptoms  set 
in;  delirium  was  one  of  the  first  symptoms  of 
this;  disturbance  of  vision  and  of  hearing; 
excessive  sensibility;  loud  cries  in  cases  of 
children,  cries  not  so  marked  in  the  cases  of 
adults:  jactation,  restlessness,  pain  well 
marked  about  the  nape  of  the  neck,  which 
extends  afterwards  down;  I  have  now  given 
the  symptoms  attending  the  invasion  of  the 
disease;  afterwards  you  have  hyperesthesia 
of  the  skin;  I  do  not  know  at  what  point  that 
comes  in;  it  may  show  its  appearance  the  first 
day,  but  I  am  not  sure  at  what  time  it  mani- : 
fests  itself;  this  hyperesthesia  continued  in  all 
my  cases,  but  none  of  my  cases  were  fatal; 
the  condition  of  the  eye  varies  very  much, 
and  frequently  very  much  the  same  day:  some¬ 
times  the  patients  can’t  see,  and  then  again 
they  can  see;  it  may  seem  strange,  but  it  is 
nevertheless  so;  the  mind  is  very  much  dis¬ 
turbed,  but  not  persistently;  at  one  time  the 
patient  will  speak  intelligently  and  then 
again  unintelligeutly;  I  think  there  is  a  fixed¬ 
ness  about  the  nerve  of  the  ear,  and  I  saw  no 
change  in  the  hearing;  strabismus  and  double 
visiou  appeared  in  all  my  cases;  the  symptoms 
vary  very  much  even  in  an  epidemic;  no  two 
persons  are  attacked  entirely  alike;  delirium 
occurred  in  my  cases;  thepatients  were  thrown  i 
on  one  side;  the  opisthotonos  causes  that;  the  ! 
pain  is  so  excessive  that  the  patient  cannot 
hear  to  be  moved  or  touched;  I  think 
strabismus  is  characteristic  of  the  disease;  rt 
appeared  in  all  mv  cases;  the  varied  condition 
of  the  eyes  is,  in  my  opinion,  one  of  the 
characteristic  symptoms;  I  do  not  say  they 
occur  in  all  cases;  I  never  held  a  post  mortem 
of  a  case  of  death  from  cerebro  spinal  men¬ 
ingitis;  the  pulse  is  not  as  much  interrupted 
or  disturbed  as  you  might  expect  from  60  ter¬ 
rible  a  disease,  but  it  is  not  full;  there  is 
usually  very  little  change  in  the  condition  of  j 
the  tongue;  it  is  generally  moist;  it  is  a 
strange  disease,  inasmuch  as  there  is  so  little 
disturbance  in  the  digestive  organs;  I  would  ; 
not  like  to  say  that  the  cries  were  caused  by  ] 
lacerating  pain,  as  the  patient  is  not  a 
responsible  person  at  the  time;  there  is  J 
nothing  intelligible  in  the  cries;  I  believe  the 
movements  are  more  automatic  than  other¬ 


wise;  the  intelligence  is  not  always  lost,  and 
may  for  a  moment  be  restored,  and  the  pa¬ 
tient  may  give  an  answer  half  intelligent, 
half  truthful.  The  witness  was  here  dis¬ 
missed. 

Dr.Morris  here  desired  to  mate  a  personal  ex¬ 
planation,  as  his  name  had  been  brought  into 
thecaseinan  unpleasant  connection  After 
some  conversation  with  the  respective  coun¬ 
sel,  Mr.  Syester  said  he  had  been  betrayed 
into  his  line  of  remark,  and  he  regretted  it. 
He  had  to  say  to  Dr.  Warren  and  all  present, 
that  he  hadno  doubt  of  bis  candorand  hisfree- 
dom  from  bias,and  h^had  been  assured  from  his 
testimony  of  his  professional  ability  and 
learning. 

Dr.  Morris  then  left  the  stand  without  mak¬ 
ing  an  explanation,  and  Mr.  Steele  expressed 
his  gratification  at  the  termination  of  the 
disagreeable  occufrence. 

Professor  Harvey  L.  Byrd  next  testified— I 
am  a  practicing  physician  in  Baltimore,  and 
am  Professor  of  Obstetrics  in  Washington 
University,  in  Baltimore;  I  was  also  a  Profes¬ 
sor  in  the  Medical  College  of  Savannah, 
Georgia,  and  also  of  Oglethorpe  Medical  Col 
lege;  J  was  in  the  •  Confederate,  army 
as  a  surgeon  until  the  conclusion  of  the  late 
civil  war;  I  have  been  practicing  medicine 
thirty  years;  I  graduated  at  the  Pennsylvania 
College,  and  afterwards  in  the  Medical  De¬ 
partment  of  the  University  of  Pennsylvania; 
I  have  read  the  hypothetical  statement  read 
here  to-day,  and  I  have  carefully  reflected  on 
its  contents;  the  result  has  been  to  decide, 
from  the  facts  presented  in  that  statement, 
that  General  Ketchum  must  have  died  from  a 
natural canse orcauses,  or.inother  words, from 
disease;  I  do  not  know  that  I  could  give  my  rea¬ 
son  very  clearly,  without  going  into  a  repeti¬ 
tion  of  some  of  the  testimony  in  the  case;  it  is 
necessary,  perhaps,  that  I  should  remark  to  the 
jury  that  health  is  a  variable  condition;  as 
long  as  there  is  perfect  harmony  between  the 
destructive  and  the  reproductive  forces,  there 
is,  of  course,  no  disease;  but  when  we  take 
into  consideration  that  this  harmony  of  rela¬ 
tion,  which  we  find  existing  in  the  capillaries 
which  connect  the  arterial  and  thevenous  sys¬ 
tems,  it  will  require  but  little  thought  to  dis¬ 
cover  how  easy  extraneous  causes  may  disturb 
this  balance;  if  the  balance  is  immediately 
restored,  no  permanent  injury  ensues:  this 
delicate  arrangement  may  be  influenced  by  a 
thousand  causes. 

Prof.  Byrd  then  went  on  with  quite  a 
lengthy  disquisition  upon  the  natural  forces, 
the  sources  of  vitality,  etc.,  etc.,  and  said  he 
had  endeavored  to  avoid  circumlocution,  etc. 

He  continued — The  raspberries  were  ex¬ 
tremely  indigestible;  he  smoked  tobacco, 
which,  of  itself,  is  a  strongly  depressing 
agent,  and  retired  to  bed  under  the  conjoint 
effects  of  heat,  fatigue  and  tobacco;  then  the 
taking  of  the  raspberries  is  another  reason 
why  he  was  disturbed;  the  indigestion  might 
have  predisposed  to  the  establishment  of  some 
other  disease;  now,  what  that  particular  dis¬ 
ease  was  I  am  somewhat  puzzled  to  know; 
there  are  phenomena  in  connection  with  dis¬ 
ease  of  great  and  significant  importance, 
which  a  physician  may  omit  to  note, 
I  and  I  experience  here  embarrassment;  the 


TEE  WEARTON-KETCEUM  TRIAL. 


Ill 


lisease  bears  no  absolute  resemblance  to  any 
with  -which  I  am  acquainted;  in  some  of  its 
'eatures  it  resembles  the  disease  known  as 
;erebro  spinal  meningitis;  taken  as  a  whole, 
lowever,  it  bears  no  identity  to  any  dis¬ 
ease  with  which  I  am  acquainted;  the  hy- 
leresthesia  is  a  striking  feature  in  cerebro 
spinal  meningitis;  there  is  also  allusion  to  the 
win  and  rigiditv  in  the  back  of  the  neck:  if 
;he  disease  had  gone  further  I  might  be  able 
:o  find  other  more  striking  symptoms  rescin¬ 
ding  those  of  cerebro  spinal  meningitis;  I 
lon’t  know  that  there  are  any  other 
tytnpfoms  which  require  to  be  corn- 
rented  on,  and  I  am  confining  myself 
o  the  hypothetical  case  as  rigidly  as  if 
L  bad  never  heard  of  General  lv.’s  case;  the  in- 
;ompleteness  of  the  symptoms  leaves  the 
juestion  problematical  in  my  mind,  but  the 
probability  is  that  he  died  from  some  natural 
sanse;  my  mind  is  very  clear  on  that  point; 
he  assemblage  of  the  symptoms  leads  me  to 
hat  opinion;  I  have  seen  a  few  cases  of 
jerebro  spinal  meningitis;  I  saw  them  in  con¬ 
sultation;  I  saw  them  in  Mobile,  Ala.,  during 
:he  war,  while  there  in  charge  of  a  hospital; 
she  disease  has  not  only  prevailed  in  different 
parts  of  the  United  States,  hut  also  in  Europe; 
t  dees  not  seem  to  have  been  understood  a 
sentury  ago,  and  I  don’t  think  it  is  perfectly 
nulerstood  now;  there  is  a  great  deal  to  learn 
>f  its  cause  or  causes;  I  incline  to  the  opinion 
hat  it  is  due  to  some  influence  in  the 
itmosphere:  it  is  a  blood  poison  undoubtedly; 
ipisthonos  is  a  symptom  of  the  disease;  I  have 
dso  observed  in  the  disease  plurost.hotonos, 
he  bending  of  the  bo^y  to  one  side;  the  cases 
1  saw  presented  plurosthotonos  in  a  very  strik- 
ug  mariner;  I  am  not  prepared  to  say  that 
he  suppression  of  urine  is  another  symptom; 

’  don’t  care  to  rely  upon  the  books,  but  I  do 
lot  regard  my  opiuious  as  superior  to  those  of 
urt, hors;  all  the  cases,  even  in  an  epidemic,  do 
lot  present  the  same  symptom;  I  have  known 
pidemics  of  yellow  fever  in  which  the  symp- 
oms  varied  and  a  change  of  treatment  was 
hen  necessary. 

The  Court  here  adjourned  until  10  o’clock  to- 
aorrow.  The  attendance  to-day  was  not 
arge,  and  medical  testimony  seems  to  be  “dry, 
tale,  flat  and  unprofitable”  in  the  opinion  of 
hose  who  have  interested  themselves  in  the 
rial. 


T  JGHITES  BAY. 

Annapolis,  Md.,  January  6, 1872. 

It  was  expected  upon  the  opening  of  the 
lourt  to-da.v  that  the  medical  testimony  for 
he  State  would  be  continued,  hut  in  a  few 
loments  after  the  Court  had  been  called  to 
rder  the  Chief  Judge  announced  to  the  jury 
hat  for  reasons  which  the  Sheriff  would 
ixplain  to  them  the  Court  would  adjourn  until 
)  A.  M.  Monday. 

It  has  already  been  announced  that  during 
le  first  week  of  the  trial  the  mother  of  one 
f  the  jurors,  Stephen  Beard,  Esq  ,  died  sull¬ 
enly,  and  this  morning  information  was  re- 
jived  by  Mr.  Beard  of  the  death  of  his 
ife.  In  consideration  for  Mr.  Beard  in 


his  affliction,  the  adjournment  was  ordered 
to-day,  and,  by  consent  of  counsel.  Sheriff 
Chairs  was  instructed  to  allow  him  to 
attend  the  funeral  of  his  wife,  hut  only  in 
company  with  all  the  other  jurors.  Wagons 
were  procured  soon  after  the  adjournment  of 
the  Court  to-day, and  the  jury  .under  the  charge 
of  Sheriff  Clairs  and  Deputy  Sheriff  Bryan, 
were  taken  to  the  residence  of  Mr.  Beard, 
about  seven  miles  from  Annapolis.  The 
Sheriff  was  ordered  to  return  to-night,  with 
the  jury,  to  their  quarters,  at  the  City  Hotel. 

The  jury  is  evidently  much  wearied  by  the 
length  and  tedimn  of  the  great  trial,  and 
those  who  were  most  industrious  in  the  begin¬ 
ning  in  taking  notes,  now  recline  in  their 
high  chairs  and  look  on  complacently.  Dr. 
Davidson,  the  ex-pupil  of  Professor  Aikiu, 
still  takes  a  note  now  and  then,  but  the  accu¬ 
racies  and  inaccuracies  of  medical  and  chemi¬ 
cal  science  do  not  seem  now  to  attract  the 
attention  of  the  majority  of  the  all-important 
twelve. 

The  Court  takes  the  utmost  precaution  to 
keep  the  jury  free  from  even  a  breath  of  pop¬ 
ular  feeling,  and  they  are  not  allowed  to  leave 
the  court  room,  after  adjournment,  until  the 
entire  audience  has  retired.  The  reporters  are 
also  subjected  to  the  order  to  retire-,  and  have 
to  gather  up  their  notes  in  haste,  and  leave 
with  the  rest  of  the  audience. 

Mrs.  Wharton  still  maintains  the  remark¬ 
able  composure  which  she  exhibited  on  the 
first  day  of  the  trial,  but  seems  much  wearied, 
aud  at  times  exhibts  considerable  restlessness. 
Miss  Wharton  is  each  day  at  her  side,  and 
manifests  deep  interest  in  all  that  occurs. 
Mrs.  Nugent,  Mr.  and  Mrs.  ,J.  Crawford  Neil- 
son.  Miss  Rosa  Neilson,  Mr.  H.  Moore  Whar¬ 
ton  and  Herman  Stump,  Esq.,  of  Harford 
county,  are  present  with  her  each  day. 

The  counsel  in  the  case  show  that  they  too 
are  fatigued  and  overworked.  The  trial  has 
entailed  great  labor  upon  them  aud  severely 
taxed  their  powers  of  endurance.  Attorney 
General  Syester  entered  the  trial  without  »re- 
vious  preparation,  having  been  constantly’ oc¬ 
cupied  before  receiving  the  order  of  the  Gov¬ 
ernor  to  assist  in  the  prosecution  of  Mrs. 
Wharton,  and  Mr.  Revell,  while  conversant 
with  the  material  facts  of  the  case,  had  not 
anticipated  the  course  and  length  to  which  it 
has  led.  The  counsel  for  the  State  have, 
however,  shown  themselves  fully  equal  to  the 
exigencies  and  demands  of  the  case. 

It  is  well  known  that  the  able  counsel  for 
the  defence,  with  conscientious  fidelity  to  the 
interests  of  their  client,  have  devoted,  from 
the  beginning  of  their  acceptance  of  the  case, 
much  study  and  research  to  the  questions  they 
anticipated,  legal,  medical  and  chemical. 
They  have  well  maintained  in  this  trial  their 
high  reputations. 

The  State’s  Attorney  in  his  opening  state¬ 
ment  to  the  jury  made  the  issue  of  a  verdict 
of  murder  in  the  first  degree  or  of  acquittal, 
but  the  terms  of  the  indictment  leave  the  dis¬ 
cretion  to  the  jury  of  bringing  in  a  verdict  of 
murder  in  the  first  or  second  degrees,  or  of 
manslaughter. 

Mr.  Steele,  on  yesterday,  replied  to  the  ex¬ 
planatory  remarks  of  the  Attorney  General  as 
follows: 


112 


TEE  WHARTON-KETCHUM  TRIAL. 


“We  are  glad  that  the  Attorney  General 
has  made  the  remarks  he  has,  because  every 
one  who  knows  Dr.  Williams,  knows  that  he 
is  wholly  above  such  an  imputation,  and  we 
are  glad  to  have  the  opportunity  of  saying 
that  we  do  not  propose  to  offer  a  challenge  to 
Dr.  Williams  on  any  subject  whatever.” 

The  following  was  to  day  sent  to  Dr. 
Williams  by  the  prosecuting  counsel: 

Annapolis,  Md„  January  6, 1872. 
Dr.  P.  C.  Williams: 

Dear  Sir— Our  attention  having  been  directed 
to  certain  accusations  charging  you  with  be 
ing  a  volunteer  prosecutor  of  Mrs.  W  harton, 
&c.,  we  feel  it  our  duty,  and  do  hut  a  simple 
act  of  justice  to  your  high  character  for  integ¬ 
rity  and  honor,  in  stating  that  your  presence 
during  this  trial  has  been  cumpulsory,  under  the 
State's  process,  and  not  voluntary,  and  your  con¬ 
nection  with  the  case  has  been  in  strict  ac¬ 
cordance  with  our  legitimate  requirements. 

You  are  at  liberty  to  make  whatever  use  ot 
this  letter  you  see  fit. 

Very  truly,  yours,  &c., 

Jas.  Rrvell, 

State’s  Attorney  for  A.  A.  County. 
Andrew'  K.  Syester, 
Attorney  General. 


TWEET'S -YIYTH  DAY. 


The  great  trial  has  grown  almost  monoto¬ 
nous,  and  is  now-  unusually  free  from  the  ex¬ 
citing  incidents  which  ordinarily  accompany 
a  criminal  prosecution.  The  ladies,  especially, 
have  become  tired  of  the  scientific  disquisi¬ 
tions,  and  comparatively  few  have  been 
present  during  the  last  three  or  four  days. 
There  is  a  general  impatience  for  the  begin¬ 
ning  of  the  end,  and  the  court  room  will 
doubtless  be  crowded  almost  to  suffocation 
when  the  arguments  before  the  jury  com¬ 
mence.  All  the  counsel  engaged  in  the  case 
are  earnest  and  forcible  speakers,  and  in  a 
gravity  they  will,  doubtless. 


cause  of  such 

exert  themselves  with  even  more  than  their  j  neys,  and  is  absorbed  by  them: 


tertained  by  Mr.  Beard’s  family  during  their 
stay  at  his  home. 

On  Sunday,  at2P.  M.,  the  funeral  sermon  of 
Mrs.  Beard  was  preached  by  Rev.  Mr.  Mercer.of 
the  Methodist  Episcopal  Church  South,  in  the 
presence  of  a  large  concourse  of  the  relatives 
and  friends  of  the  deceased  lady,  from  the 
text:  “The  righteous  hath  hope  in  His  death.” 
Mr.  Beard  did  not  follow  to  the  grave  of  his 
wife,  but  in  consideration  for  his  fellow- 
jurors  returned  to  Annapolis  without  a  further 
delay  than  the  services  a  t  his  residence  neces¬ 
sitated.  The  death  of  Mrs.  Beard  was  very 
sudden. 

On  Friday  night,  after  partaking  of  a  hearty 
meal,  she  retired  to  her  room,  but  in  a  few 
moments  called  for  water,  which  was  at  once 
procured.  She  expired  in  a  few  moments 
froman  attack  of  heart  disease.  She  was  (50 
years  of  age,  and  is  spoken  of  .as  a  most  esti¬ 
mable  lady.  Much  sympathy  is  expressed  in 
this  community  for  Mr.  Beard  in  his  sudden 
affliction. 

The  Court  was  called  to  order  at  half-past 
10  o’clock  to-day,  and  Prof.  Harvey  L.  Byrd 
being  re-called,  testified,  in  answer  to  Mr. 
Thoma,  as  follows:  I  have  said  that,  in  my 
opinion,  Gen.  Ketchum’s  death  did  not  arise 
from  unnatural  causes;  the  suppression  of  urine 
is  a  very  important  point  and  in  certain  con¬ 
ditions  of  cerebro  spinal  meningitis 
it  constitutes  an  almost  unfailing  symp¬ 
tom;  it  is  a  very  common  symptom 
in  all  rapidly  fatal  diseases;  it  is  not  so  in 
cases  of  tartar  emetic  poisoning;  there 
are  certain  symptoms  common  to  a  very  large 
number  of  diseases,  and  where  they 
run  paralel,  as  is  often  the  case,  but  little  im¬ 
portance  can  be  attached  to  them  individu¬ 
ally;  but,  again,  other  symptoms  are  found  oi 
a  marked  character;  the  physician  at  once 
begins  to  form  the  opinion  as  to  the  existence 
of  particular  diseases;  vomiting  oeems  both 
in  cerebro  spinal  meningitis  and  in  tartar 
emetic  poisonings,  also  the  rigidity  of  the 
jaws  occurs  in  both;  in  the  case  before  us  we 
have  a  paralellism;  in  tartaremetic  poisoning 
the  skin  wants  sensibility,  and  in  cerebro 
spinal  meningitis  the  skin  is  oversensitive: 
tartar  emetic  has  au  affinity  for  the  kid- 

the  urinary 


accustomed  ardor. 

It  is  anticipated  that  the  trial  will  con¬ 
tinue  at  least  two  weeks,  aud  probably  longer. 
It  has  been  demonstrated  that  medical  and 
chemical  witnesses  occupy  much  time  in  the 
delivery  of  their  testimony,  and  a  number  of 
medical  gentlemen  and  two  chemists  are  still 
on  the  list  of  witnesses  for  the  defence.  The 
testimony  in  relation  to  Mrs.  Wharton’s 
character  will  perhaps  occupy  two  days,  a 
large  number  of  her  associates  having  been 
summoned. 

The  jury  was  taken  on  Saturday  to  the  resi¬ 
dence  of  Stephen  Beard,  Esq.,  in  charge  of 
Sheriff  Chairs  and  Deputy  Sheriff  A.  S.  Bryan, 
agreeably  to  the  instructions  qf  the  Court, 
and  the  afflicted  jurorwasallowed  to  converse 
wit  h  the  members  of  his  family  in  the  presence 
and  hearing  of  the  Sheriff.  In  accordance 
with  the  strict  orders  of  the  Court  the  jury 
was  at  no  time  divided,  hut  were  kept  in  the 
same  room.  They  were  most  hospitably  en- 


secretion  would,  therefore,  be  increased 
in  tartar  emetic  poisoning:  in  cerebro  .spinal 
meningitis  the  urine  would  he  decreased  and 
suspended;  in  the  cases  I  have  had  there  was 
a  tendency  to  bend  the  body  to  one  side, 
known  as  pleurosthotonas;  I  found  that  in  the 
four  cases  I  have  before  spoken  of;  if  the  man 
was  in  bed  ho  would  still  bend  to  one  side;  1 
prefer  not  to  refer  to  the  books,  and  I  ant 
speaking  of  the  cases  which  have  been  undei 
my  observation:  I  think  it  probable  that 
General  K.  died  from  cerebro  spinal  menin¬ 
gitis;  I  came  to  the  conclusion  that  ho  did  not 
die  from  tartar  emetic  poisoning,  because  oi 
the  absence  of  many  of  the  characteristic 
symptoms  of  such  poisoning;  tartar  emetic  has 
an  affinity  for  the  stomach,  and  its 
action  seems  to  bo  directed  to  that  organ, 
whether  taken  in  by  swallowing  or  applied  tc 
the  cuticle  surface,  the  true  skin,  or  injected 
into  the  cellular  system;  when  applied  locally 
for  some  time,  its  tendency  is  to  first  irritate 


THE  WHARTON-KETCHUM  TRIAL. 


113 


,nd  then  to  pustule  the  surface:  we  should 
lecessarily  expect  this  tendency  upon  the 
a u co us  coat  and  membranes  of  the  stomach: 
hen  one  of  the  clurasteristic  symptoms 
rould  ihe  high  irritation,  and  if  continued  a 
ang  time,  abrasion  of  the  mucous  membrane 
if  the  stomach;  in  the  hypothetical  statement 
here  is  no  mention  of  these  characteristic 
ymptoms  in  the  stomach;  that,  taken  in  con- 
lection  with  the  want  of  lesions,  would 
16  sufficient  to  satisfy  one  that  Gen¬ 
ial  Ketchum  did  not  die  from  tartar 
metic  poisoning ;  the  post  mortem 
ippearances  revealed  nothing  to  me  upon 
vhieh  I  could  rely,  and  scarcely  anything 
noxe  that  we  might  expect  to  lind  in  any  other 
ase  than  that  which  we  have  under  consid- 
ration;  I  think  the  symptoms  indicate  cerebro 
roinal  meningitis  more  strongly  than  any¬ 
thing  else;  some  of  the  symptoms  look  in  one 
lirection  and  others  in  another;  on  the  whole, 
regard  the  case  as  an  anomalous  one,  and, 
ndeed,  an  extraordinary  one;  some  of  the 
ymptoms  refer  to  either  variety  of  tetanus. 
The  witness  here  went  on  at  some  length  in 
xplanation).He  continued— I  do  not,  however, 
mow  of  any  disease  which  so  nearly  suits  as 
erebro  spiiial  meningitis;  we  could,  however, 
10  on  and  hud  a  hundred  parallelisms.  The 
vitness  was  now  turned  over  to  the  State. 

The  Chief  Judge  said  the  Court  did  not,  in 
ts  ruling  on  Friday  as  to  the  presence  of  an 
ipidemie  of  cerebro  spinal  meningitis,  mean 
,o  exclude  proof  that  it  was  so  by  general 
•eputation.  The  Chief  Judge  then  read  1st 
Itarkie,  page  44,  touching  the  point  he  was 
Considering. 

Cross-examined  by  Mr.  Syester— In  the  cases 
vhieh  came  under  my  observation,  in  two  of 
hem  I  was  in  attendance  some  hours  after 
he  commencement  of  the  attack,  and  in  ot.h- 
irs  from  the  commencement;  in  two  cases  the 
hill  was  present  at  the  commencement;  chills 
were  reported  in  the  other  cases,  but  I  did  not 
ee  them;  one  patient  lived  four  hours  and  an¬ 
other  five  and  a-half  hours;  those  cases  were 
if  the  fulminant  form;  one  of  the  four  cases 
ixtended  for  five  days  and  another  for  seven 
lays;  where  the  disease  is  rapid  in  its  char¬ 
acter  I  should  think  they  belonged  to  the 
pidemic  form;  it  is  necessary  that  there 
hould  be  a  number  of  cases  before 
he  disease  could  be  well  regarded  as  an  epi- 
leinic;  I  did  not-  find  a  state  of  general  paralysis 
n  the  cases  I  attended;  there  were  symptoms 
vhieh  might  at  first  blush  hav6  induced  the 
opinion  that  traumatic  tetanus  was  present; 
he  patients  died  within  a  few  hours,  and  I 
-annot  say  that  the  symptoms  disappeared  at 
-ne  time  and  again  returned;  there  was  no 
lartial  recovery;  a  patient  once  attacked 
iy  the  fulminant  form  would  not,  in  my 
ipiuion,  be  able  to  get  up  and  walk  out  of  the 
louse;  profound  coma  soon  supervenes;  I 
vould  not  think  that  Gen.  K.,  had  the  ful- 
ainant  form  if  he  got  up  and  walked  about; 
audarnun  administered  in  large  doses 
etards  the  action  of  the  kidneys;  I  never 
aw  a  death  from  tartar  emetic  poisoning,  and 
ny  knowledge  of  the  symptoms  has  been  Oib- 
ained  from  books;  I  have  kept  aloof  from 
looks  in  this  case,  but  I  think  Taylor  is  clear 
hat  the  stomach  is  highly  irritated;  I  think 


some  of  them,  Taylor  among  them,  speak  of 
the  ulceration  of  the  stomach;  I  could  not 
now  name  the  author;  I  scarcely  think  I  can 
be  mistaken  as  to  the  statement  that  ulcera 
tion  is  produced;  Taylor  being  a  standard 
author,  I  should  think  if  ulceration  occurred 
he  would  he  most  likely  to  state  it;  I  am  very 
happy  to  say  that  I  think  the  administration 
of  both  yellow  jessamine,  chloral  aud  chloro¬ 
form  was  judicious;  I  do  unhesitatingly  en¬ 
dorse  the  treatment  by  Dr.  Williams  as  proper 
under  the  circumstances;  I  am  not 
sufficiently  acquainted  with  the  pathological 
history  of  cerebro  spinal  meningitis  to  say 
that  it  leaves  dark  red  patches  in  the  intes¬ 
tines;  in  cases  I  have  examined  there  was 
some  enlargement  of  the  small  glands  of  the 
intestines;  I  am  not  certain  that  any  yellow 
substance  was  found  in  the  intestines;  1  made 
post  mortem  examinations  of  two  of  my 
cases;  the  brain  and  its  membranes  and  the 
spinal  marrow  were  examined  for  some  dis¬ 
tance,  and  there  were  no  lesions  whatever; 
those  were  the  two  last  cases  in  which  I  had 
come  in  after  the  commencement;  we  did  not 
use  the  microscope;  it  was  during  the  war  and 
we  could  not  obtain  a  microscope;  the 
failure  to  observe  with  the  micro¬ 
scope  may  account  for  the  absence 
of  the  appearance  of  lesions  to  our  eyes; 
we  examined  the  ventricles  of  the  superach- 
noid  space,  and  we  could  see  no  lesions  what¬ 
ever;  there  seemed  to  be  even  slight  evidences 
of  passive  congestion;  lesions  would,  I  think, 
be  more  likely  to  occur  in  the  su- 
perachnoid  space  than  anywhere  else;  in 
the  two  first  cases  I  attended  (those  which 
were  protracted)  the  lesions  were  quite 
marked;  there  was  decided  softening  of  the 
brain  substance;  one  of  the  cases  lasted  forty- 
eight  hours,  and  the  other  for  several  days;  I 
saw  pus  as  well  as  lympth;  the  le¬ 
sions,  I  judge  from  personal  experi 
enoe,  depend  upon  the  length  of  time 
the  attack  lasts;  if  General  Iv.’s  case  was  one 
of  cerebro  spinal  meningitis  from  the  outset, 
I  think  the  lesions  would  have  most  probably 
appeared;  it  is  very  difficult  to  say  when  he 
was  attacked  with  cerebro  spinal  meningitis; 
the  symptoms  stated  in  the  hypothetical  state¬ 
ment  are  not  sufficiently  connected  to  enable 
me  to  decide  that  it  was  a  case  of  cerebro 
spinal  meningitis;  I  think  there  were  some  of 
the  symptoms  on  Tuesday;  I  am  aware  now 
that  I  am  going  on  the  record  as  a  professional 
man  and  into  history,  and  I  wish  to  ap¬ 
pear  as  an  intelligent  professional  man; 
I  would  not  say  that  tartar  emetic  had 
produced  the  irritation  in  the  stomach 
described  in  the  hypothetical  statement; 
I  would  say  that  almost  any  irritant  poison 
might  have  caused  it;  any  indigested  matter 
in  the  stomach  might  have  caused  the  irrita¬ 
tion;  cerebro  spinal  meningitis  would  not 
necessarily  have  produced  it;  it  is  a  blood 
poison;  I  do  not  think  a  fulminant  ease  would 
have  produced  it;  I  should  think  that  tartar- 
emetic,  if  continued  for  any  length  of  time  or 
given  in  large  doses,  would  produce  the 
irritation  spoken  of;  I  have  been  obliged  to 
suspend  the  use  of  tartar  emetic  on  account 
of  irritation  of  the  stomach:  it  is  a  most  ex¬ 
traordinary  fact  that  a  half  century  ago 


114 


THE  WHARTON-KETCHUM  TRIAL. 


members  of  high  standing  in  the  pro¬ 
fession  were  in  the  habit  of  giving  it  in  huge 
doses;  when  a  large  dose  is  administered  na¬ 
ture  struggles  to  protect  herself,  and  it  then 
acts  more  as  a  sedative;  in  the  hypothetical 
statement  there  was  rigidity  of  the  muscles, 
difficult  swallowing,  a  semi -comatose  condi¬ 
tion,  suppression  of  urine,  and  I  infer  also 
hyperesthesia  of  the  skiu;  also,  a  tendency  to 
pleurosthotonas;  these  I  regard  as  the  charac¬ 
teristic  symptoms  of  cerebro  spinal  menin¬ 
gitis;  a  great  many  things  would  give  iise  to 
the  difficulty  in  swallowing,  and  if  tartar 
emetic  had  been  given  often  it  would  produce 
that  difficulty;  I  have  Dever  looked  in  the 
case  of  Cook,  who  was  poisoned  by 
Palmer,  in  England,  and  I  cannot,  there 
fore,  say  that  the  same  symptoms  were 
present  in  that  case  as  in  General  Iv.’s;  tetanic 
convulsions  sometimes  accompany  tartar 
emetic  poisoning,  but  it  is  not  invariable;  te¬ 
tanic  convulsions  may  accompany  cases  which 
are  not  cases  of  poisoning;  rigidity  of  the 
muscles  is  occasionally  produced  by  large 
doses  of  tartar  emetic,  but  its  usual  effect  is  to 
relax  the  muscles. 

To  Mr.  Reveli— Tartar  emetic  very  often 
produces  burning  in  the  pit  of  the  stomach; 
also  constriction  of  the  throat;  tartar  emetic 
belongs  to  the  corosive  class  rather  thau  the 
irritant;  spasmodic  contraction  of  the  muscles 
of  the  upper  part  of  the  abdomen  occurs 
in  the  latter  part  of  a  case  of  tartar 
emetic  poisoning;  suppression  of  the  urine 
does  not  always  occur,  and  neither  does  the 
absence  of  albumen  in  the  urine;  the  eye  is 
not  uniform  in  its  appearance;  in  one  of  the 
cases  I  attended  from  the  inception  the  pupil 
of  one  eye  was  contracted  and  of  the  other 
dilated;  in  one  case  there  was  also  strabismus, 
particularly  during  the  tetanic  spasms;  I 
think  the  eye  would  be  liable  to  a  great  many 
variations:  I  remember  that  in  one  of  my  pro¬ 
tracted  cases  the  eye  was  turned  back,  expos¬ 
ing  but  little  more  than  the  white  of  the  eye, 
all  the  visual  portion  of  the  eye  was  ob¬ 
scured;  in  both  ray  cases  total  suppression  of 
the  urine  was  observed;  I  have  not 
read  Dr.  Stille's  work  on  cerebro  spinal 
meningitis,  but  I  know  him  well, 
and  anything  he  might  say  of  the  general 
symptoms  would  be  authority  for  my  opinion; 
headache  is  one  of  the  most  constant  symp¬ 
toms:  as  long  as  my  patients  were  capable  of 
complaining  they  complained  of  headache; 
there  were  no  lucid  intervals  in  either  of  the 
rapid  cases;  there  was  a  great  degree  of  sensi¬ 
tiveness  of  the  skin:  it  may  not  have  gone  all 
the  way  with  the  disease,  but  I  think  it  was 
observed  in  my  cases  to  continue;  in  the  case 
of  an  athletic  negro  man,  who  I  bad  to  bleed, 
I  observed  that  as  soon  as  the  bandage 
touched  bis  arm  he  showed  great  sensitive¬ 
ness,  and  as  soon  as  the  lance  was  inserted  he 
had  a  violent  convulsion. 

Mr.  Reveli  now  read  from  Stille.  page  87, 
and  Prof.  Byrd  said  he  thought  the  symptoms 
which  were  described  were  referrable  to  the 
fulminant  form  of  cerebro  spinal  meningitis. 
Ptof.  Byrd  continued — I  have  seen  cases  of 
yellow  fever,  in  which  there  was  no  black 
voncit,  and  also  in  cases  of  Asiatic  cholera  1 


have  known  of  the  absence  of  the  charac¬ 
teristic  rice  water  discharge. 

Mr.  Reveli  again  read  from  page  129  of 
Sti lie’s  work,  as  the  necessity  for  the  use  of 
the  microscope,  and  Prof.  Byrd  said  he  had 
no  doubt  that,  in  many  cases,  the  microscope 
would  reveal  lesions,  but  ho  was  not 
prepared  to  say  that  cases  might  not  occur  in 
which  the  microscope  would  not  reveal  them. 

Mr.  Reveli  read  further  from  pages  129  and 
130  of  the  same  author,  and  Professor  Bvrd 
agreed  in  the  main  with  the  stateme'nts 
there  made,  Mr.  Reveli  again  read  from  page 
126,  that  theprincipal  symptoms  were  refer¬ 
rable  to  the  brain  and  the  nerv«  s.  Mr.  Reveli 
then  read  from  page  20,  and  Professor  Byrd 
said  he  had  observed  the  peculiar  sunken 
countenance  there  spoken  of. 

Prof.  Byrd  continued — Inoticed^inmycasesa 
disturba nee  of  the  hearing;  in  the  protracted 
cases  there  was  certainly  a  disturbance  of 
the  hearing,  but  in  the  rapid  cases  we  could 
Dot  observe  that  symptom  so  closely:  in  my 
cases  I  observed  also  loud  groans  and  inco¬ 
herent  expressions. 

Prof.  Byrd  was  now  dismissed  and  Dr. 
Peter  Goolrick  was  next  called,  and  in  answer 
to  Mr.  Steele,  testified — I  have  been  a  prac¬ 
ticing  physician  nearly  twelve  years;  part 
of  the  time  in  Baltimore;  I  heard  the  tes¬ 
timony  of  Drs.  Williams  and  Chew,  and 
read  the  testimony  of  Dr.  Miles;  from  the 
symptoms  and  the  post  mortem  revelations,  I 
would  say  that  General  Ivetchum  might  have 
died  from  natural  causes,  and  not  from  tar¬ 
tar  emetic  or  any  other  poison  known  to  me; 
I  saw  a  child  of  Mr.  Dyer,  of  Prince  George's 
county,  poisoned  from  Coxe’s  Hive  Syrup, 
which  contains  tartar  emetic,  seneca,  squills, 
and  simple  syrup:  I  was  called  to  the  case  as 
one  of  croup,  and  when  1  reached  the  child  I 
found  that  it  had  a  pulse  scarcely  perceptible, 
with  a  cold,  clammy  surface,  and  was 
|  thoroughly  relaxed;  1  ascertained  that  that 
preparation  had  been  given  by  Mrs.  Dyer;  the 
case  did  not  prove  fatal;  it  was  an  old  prepa¬ 
ration,  and  had,  I  suppose,  grown  stronger 
from  age;  I  should  attribute  the  symptoms  I 
observed  to  tartar  emetic:  that  istheoulycase 
of  tartar  emetic  poisoning  I  have  ever  seen; 
I  have  given  tartar  emetic  in  doses  of  twenty 
grains,  to  relax  the  system  in  invagination;  I 
saw  no  appreciable  result,  and  was  compelled) 
to  use  subsequently  tobacco;  I  don’t  think  the 
|  death  of  General  Ketclium  is  traceable  at  all 
to  tartar  emetic  poisouing,  and  I  think  natural 
causes  will  account  for  it. 

To  Mr.  Syester — There  are  several  diseasesi 
which  leave  no  lesions,  and  it  would  be  un¬ 
safe  to  say  that  they  were  caused  by  tartar 
emetic  poisoning;  several  diseases  would  pro-1 
duce  the  symptoms  I  have  heard  described  in 
this  case;  hysteria  might  produce  them;  I  am 
not  acquainted  with  cerebro  spinal  menin¬ 
gitis,  but  its  symptoms,  as  described,  would 
resemble  those  of  Gen.  K.;  the  mother  of  the 
little  child  did  not  tell  me  how  much  of  Coxe’slj 
syrup  she  had  given,  but  said  she  had  given 
a  good  deal;  the  squills  are  an  emetic,  and  in 
large  doses  an  aero-narcotic  poison;  it  might  j 
produce  relexation;  the  seneca  is  au  expecto¬ 
rant..  and  is  supposed  to  play  that  part  in  the  ) 
combination;  I  think  it  likely  that  it  may  in 


THE  WEAR TON-KE TC II U M  TRIAL. 


U5 


irge  quantities  excite  the  nervous  system; 
mple  syrup  is  very  harmless;  in  Coxe’s  syrup 
bout  a  grain  of  tartar  emetic  to  the  ounce'is 
he  proportion;  the  tetanic  spasms  in  tartar 
raetic  poisoning  are  a  divergence  from  the 
isual  symptoms;  they  sometimes  appear;  Tay- 
>r  says  they  “may”  appear;  he  says  suppresion 
r  urine  never  occurs;  they  occur  so  rarely 
liat  they  are  omitted  from  Beck  and 
rom  Tanner,  and  -when  they  do  occur  I 
hink  you  would  find  certain  morbid  condi- 
ions  which  did  not  occur  in  General  K.’s  case; 
don’t  know  that  Taylor  at  one  time  swore 
bat  tetanic  spasms  occurred;  with  the  te- 
anic  spasms  present  in  General  K.’s  case  I 
would  expect  passive  congestion  of  the  spleen, 
iver  and  lungs,  and  blood  in  the  right  side  of 
he  heart;  I  think  it  qnit6  likely  that  passive 
ongestiou  would  he  found  in  the  brain;  the 
light  passive  congestion  observed  was  less, 
n  my  opinion,  than  would  have  occurred  in 
tartar  emetic  poisoning  to  the  development  of 
etanic  spasms;  I  will  name  also  the  absence 
f  irritation  in  the  stomach  and  alimentary 
anal;  opium  may  have  relieved,  to  a  certain 
xtent,  the  effects  of  tartar  emetic;  to  a  cer- 
,aiu  extent  laudanum  may  have  modified  the 
limiting. 

To  Mr.  Revell— In  tetanus,  idiopathic  or 
raumatic,  spasms  occur;  in  tetanic  spasms 
rom  tartar  emetic  we  would  have  coma;  in 
etanns  there  is  an  absence  of  coma  in  either 
arm;  in  tetanus,  lockjaw  is  among  the  first 
ymptoms,  and  rigidity  of  the  inferior  ex- 
remities  succeeds  it;  I  can’t  state  the  order 
f  succession  of  the  symptoms  in  tartar  emetic 
joisoning,  as  too  few  cases  are  reported;  the 
iiooks  say  that  sometimes  in  cases  of  tetanus, 
10  lesions  occur;  I  cannot  conceive  of  a  case 
[if  tartar  emetic  poisoning,  iu  which  the 
ymptoms  were  so  violent  as  General  K’s  case 
Presented,  in  which  lesions  would  not  be  dis¬ 
covered;  lockjaw,  the  books  say,  rarely  oc- 
urs  from  tartar  emetic  poisoning;  the  red 
inge  in  the  intestines  might  be  a  proof  of 
longestiou  from  the  action  of  au  irritant 
ioisou;  excessive  vomiting  may  have  pro- 
heed  the  evidences  of  irritation;  I  cannot  say 
wnv  long  after  the  vomiting  ceased  the  evi¬ 
dences  of  irritation  would  continue;  in  a  case 
If  tartar  emetic  poisoning  there  would  not  be 
!,ctive  hyperemia  of  the  brain,  but  there 
Vouhl  lie  cerebral  depression;  I  think  it  would 
i>e  passive  congestion  of  the  brain  and  other 
jirgans  too. 

:  Mr.  Steele  now  read  from  Tanner  as  to  the 
>ost  mortem  appearances  from  tartar  emetic 
oisoning,  and  Dr.  Goolrick  agreed  with  the 
.escription  given  by  that  author. 

Mr.  Kevell  read  from  Tanner  as  to  the  symp¬ 
toms  of  tartar  emetic  poisoning,  and  the  wit¬ 
ness  said  they  would  indicate  a  srate  of  pas- 
ive  congestion. 

Dr.  Goolrick  was  now  dismissed,  and  Dr. 
'olm  li  McClurg  was  next  called,  and,  in  an- 
wer  to  Mr.  Hagner,  testified— I  reside  in  West 
1  heater,  Pennsylvania;  1  graduated  at  Jeffer- 
on  Medical  College  in  1846;  I  have  been  in 
Vest  Chester  nearly  four  years;  previously  I 
iraotieed  in  Philadelphia,  and  during  the 
var  was  a  surgeon  in  the  army;  I  was  at  one 
ime  stationed  at  Jelferson  Barracks,  near  St. 
Louis;  I  then  went  to  Cleveland,  Ohio,  and 
8 


was  there  eighteen  months;  I  was  then  sent  to 
Cincinnati,  and  then  I  went  to  Jackson,  Michi¬ 
gan;  I  was  ordered  next  to  Louisville,  Kv., 
and  was  afterwards  assigned  to  Joe  Holt 
Hospital,  and  I  remained  in  charge  of  that 
hospital  until  the  war  closed;  at  Cleveland  I 
delivered  several  lectures  on  military  surgery. 

Mr  Hagner  now  read  to  the  witness  the 
hypothetic  statement,  and  the  accompanying 
interogatory,  which  has  appeared  ip  the  col¬ 
umns  of  the  Gazette, and  Dr.  McClurg  testified 
— I  have  no  hesitation  in  saying  that  death 
was  the  result  of  natural  causes,  and  I  say  so 
after  the  most  mature  deliberation,  from  all 
the  experience  I  have  had;  it  resembles,  un¬ 
doubtedly,  cerehro  spinal  meningitis  more 
particularly  than  any  other  disease;  I  have 
had  certainly  fifty  cases  of  cerehro  spinal 
meningitis;  they  were  in  private  and  military 
practice;  three  cases  occurred  within  the  past 
three  months;  it  may  be  well  to  say  that  cer- 
ebro-spinal  meningitis  means  inflammation 
of  the  membranes  of  the  brain  and  of  the 
spinal  cord;  it  is  a  blood  poison, just  as  typhoid, 
fever;  both  are  blood  poisons,  hut  the  lesions 
from  them  apply  in  different  parts  of  the  or¬ 
ganisms;  yon  must  have  different  symptoms 
in  the  two,  and  that  is  because  different  nerve 
centres  are  affected;  iu  cerehro  spinal  menin¬ 
gitis  you  have  no  invariable  symptoms;  as  no 
tree  has  no  two  leaves  exactly  alike,  so 
no  case  of  cerehro  spinal  meningitis  has 
the  same  symptoms  of  another;  the 
sum  total  of  symptoms  makes  up 
the  character  of  the  disease;  in  making  up  my 
conclusion  from  the  hypothetical  case,  I  took 
all  the  symptoms,  etc.,  into  consideration;  I 
start  as  it  were  with  a  strong  man  on  a  warm 
day  who  had  taken  no  more  than  his  usual 
exercise:  I  infer  that  he  took  a  large  quantity 
of  water  and  no  dinner;  I  found  him  at  the 
end  of  that  day  taking  a  hearty  meal,  and  he 
retired  to  bed  doubtlessly  before  that  meal 
had  digested,  and  he  is  called  up  soon  after 
as  thousands  of  others  have  been;  as  far  as  we 
know  there  was  no  more  difficulty  in  the 
night,  and  in  the  morning  we  find  him  com¬ 
plaining  of  languor,  dullness,  and  with  hut 
little  appetite;  as  I  understand  it  ho  took  no 
breakfast. 

Mr.  Hagner  here  requested  the  witness  to  make 
as  few  inferences  as  possible,  and  Mr.  Syester 
said  he  did  not  think  the  defence  had  a  right 
to  interrupt  the  witness  in  his  details  of  the 
reasons  which  had  brought  him  to  the  conclu¬ 
sion  he  had  expressed. 

Mr.  Steele  said  it  would  be  laying  down  a 
new  rule  to  say  that  the  defence  could  not  di¬ 
rect  their  own  witness.  Mr.  Syester  further 
contended  that  the  witness  should  give  all 
that  had  led  bis  mind  to  the  conclusion  for 
which  he  had  been  asked  to  give  the  reasons 
present  in  his  mind. 

Mr.  Steele  said  that  the  defence  had  a  right 
to  suggest  to  the  witness  that  he  was  drawing 
inferences  from  the  facts  stated  in  the  hypo¬ 
thetical  statement. 

Mr.  Hagner  expressed  his  view  of  the  ques 
tion  before  the  Court. 

Judge  Hayden  said  the  witness  had  asked 
to  be  allowed  to  give  his  reasons  for  his  con¬ 
clusion,  and  if  he  had  drawn  inferences  which 
had  gone  to  make  up  his  conclusion,  in  his 


116 


THE  WHARTON  KETCHUM  TRIAL. 


opinion  he  should  he  allowed  to  state  those 
inferences. 

The  Chief  Judge  said  the  witness  should 
he  allowed  to  continue  to  give  his  inferences. 

Dr.  McClurg  requested  that  he  he  allowed 
to  read  over  the  hypothetical  statement,  aurt 
he  would  then  give  his  opinion,  so  as  to  avoid 
any  of  the  objections  made  to  the  manner  in 
which  he  was  giving  his  reasons  for  his 
opinion.  The  written  statement  was  handed 
to  him,  and,  after  reading  it  for  some  time,  he 
continued— I  find  that  he  complained  on  Sun¬ 
day  that  he  was  not  well,  and  that  his  indis¬ 
position  remained  unbroken;  nothing  was 
taken  to  relieve  him,  and  on  Sunday  night  he 
had  symptoms  of  cholera  morbus;  on  Monday 
morning  he  was  still  indisposed,  and  took 
breakfast  in  bed;  he  vomits  about  10 
o’clock,  and  I  say  to  myself  that  the 
food  he  has  taken  is  not  digested; 
about  4  or  5  o’clock  he  vomits  again,  and  he  is 
seen  by  his  physician  at  that  time  and  is 
found  sitting  up  and  holding  a  slopjar  between 
his  knees;  he  is  given  creosote  and  lime  water, 
just  what  he  would  have  given  a  child  for  sick 
stomach;  I  say  to  myself  that  if  anything 
more  serious  had  been  present  that  prescrip¬ 
tion  would  not  have  removed  the  indisposi¬ 
tion;  on  Tuesday  he  appeared  to  suffer  but  lit¬ 
tle  from  his  sickness,  but  passes  no  water;  at  6 
P.  M.,  Tuesday,  he  is  found  asleep  and  breath¬ 
ing  heavily;  on  Wednesday  morning  he  is 
found  semi-comatose,  pulse  rapid,  and  the 
muscles  of  the  neck  and  back  rigid;  his  face 
is  turned  to  the  back  of  the  lounge  and 
is  of  a  purplish  bluish  tinge;  in  my  opinion 
his  brain  was  then  in  a  congested  condition. 
(The  witness  here  grasped  his  arm  and 
showed  in  explanation  how  blood  would 
gather  in  his  hand.)  Dr.  McClurg  here  referred 
to  Aitkin’s  Practice,  under  the  head  of  apo¬ 
plexy.  He  then  continued— The  tincture  of  yel¬ 
low  jessamine  was  not  a  bad  remedy:  a  worse 
might  have  been  given;  his  physician  applied 
ice  and  he  improved,  but  it  was  removed  too 
soon,  and  the  passive  congestion  returned 
worse  than  before.  Dr.  McClurg  then  contin¬ 
ued  to  read  of  the  further  treatment  de¬ 
scribed  in  the  written  statement,  and  said— So 
far  as  the  administration  of  chloral  and  chlo¬ 
roform,  it  is  to  be  consul  red  whether  or  not 
they  were  proper;  I  come  to  the  conclusion, 
then,  that  cerebro  spinal  meningitis  had  set 
in;  I  say  that  it  is  impossible  that  a  poisonous 
dose  of  tartar  emetic  could  have  remained 
in  his  stomach  from  half-past  8  A.  M. 
until  half-past  12  o’clock  without  pro¬ 
ducing  the  characteristic  symptoms  of 
tartar  emetic  poisoning;  I  can’t  for  the  life 
of  me  see  when  the  tartar  emetic  was  given; 
I  have  seen  in  my  practice  many  cases  of  tar¬ 
tar  emetic  poisoning,  but  none  of  them  were 
fatal;  my  first  patient  had  taken  twenty 
grains  by  mistake;  he  had  great  pain  in  the 
bowels,  much  prostration,  vomiting,  and  some 
other  characteristic  symptoms  of  tartar 
emetic  poisoning;  I  relieved  him  by  copious 
draughts  of  green  tea;  it  was  impossible  for 
him  to  have  walked  down  stairs, as  ho  was  in  a 
fainting  condition;  I  had  another  case  of  a 
child  of  five  years  of  age,  who  drank  a 
glass  of  water  containing  ten  grains,  and  the 
mother  said  he  had  thrown  up  his  windpipe; 


he  had  thrown  up  the  whole  lining  of  bit 
throat  but  recovered;  I  have  seen  many  otliei 
cases;  a  person  suffering  from  tartar  emetic 
poisoning  might  be  able  to  walk  about  hi: 
room  even  after  the  vomiting  had  commenced 

The  Court  now  adjourned  until  10  A.  M.  to 
morrow.  The  attendance  to-day  was  unu¬ 
sually  sni  all. 

Mr.  Joseph  Becker,  a  member  of  Frank  Les¬ 
lie’s  corps  of  special  artists,  was  present  to 
day.  and  was  busily  occupied  in  sketching  tin 
court  room,  Court,  counsel,  the  prisoner,  hei 
daughter  and  friends,  and  the  spectators  in 
general.  The  public  will  doubt'ess  become 
quite  well  acquainted  with  Mrs.  Whartou's 
personal  appearance  through  the  medium  of 
illustrated  prints- 


THIRTIETH  HAY. 

Annapolis,  January  9, 1872. 

The  great  trial  “drags  its  slow  length  along,’ 
and  cerebro  spinal  meningitis  and  chemistry 
are  still  discussed  with  tedious  prolixity. 
The  counsel  for  the  defence  seem  determined 
to  fortify  the  position  taken  by  Dr.  Warren, 
and  the  State’s  officers  seem  equally  deter¬ 
mined  to  insist  upon  their  view  of  the  absence 
of  natural  causes. 

Dr.  McClurg,  of  Pennsylvania,  was  re¬ 
called  upon  the  opening  of  the  Court  to-day, 
and  in  answer  to  Mr.  Hagner.  testified— I  have 
seen  post  mortemsof  the  bodies  of  persons  who 
had  died  from  cerebro  spinal  meningitis:  the 
lesions  are  very  various;  in  some  all  the  mani¬ 
fest  symptoms  of  the  membranes  of  the  brain 
and  spinal  cord  appear:  those  vessels  appear 
all  injected  with  blood  and  an  efl'usiou  of 
serum  between  the  dura  mater  and 
the  eracnoid;  there  is  no  external 
effusion  at  all;  at  times  we  have  been 
able  to  find  no  marks  of  inflammation, 
but  only  a  congested  condition  of  the  blood 
vessels  and  membranes  of  the  brain,  but 
without  effusion:  the  lesions  are  as  variable 
as  are  the  "symptoms;  I  have  seen  probably 
twenty  post  inortems  of  cases  of  cerebro 
spinal  meningitis;  Isaw  them  in  Cleveland, 
Ohio,  Louisville,  Kentucky,  and  in  private 
practice;  the  disease  prevailed  a  good  deal 
during  the  war;  I  am  very  familar  with  the 
use  of  yellow  jessamine  and  use  it  frequently; 
I  carry  it  in  my  pocket  almost  as  faithfully 
as  I  do  my  watch;  General  K.’s  eyes 
would  not  have  been,  in  my  opinion, 
improved,  as  stated,  by  the  use  of  yellow  jessa¬ 
mine;  1  never  heard  that  it  was  an  antidote  for 
tartar  emetic  poisoning;  I  do  not  know  that  I 
would  expect  yellow  jessamine  to  have  im¬ 
proved  the  appearance  of  Gen.  Ketch  urn’s  eyes 
at  the  time  it  was  given;  in  my  opinion  he  was 
too  far  goue  for  any  remedy  to  have  much  ef- 
ffect:  it  would  have  mattered  but  little  whether 
strychina  or  corosive  sublimate  had  been 
given  him,  for  I  consider  that  he  was  at  that 
time  a  dying  man:  if  Gen.  Ketchum  had  not 
drank  a  large  quantity  of  ice  water,  as  I  in¬ 
ferred  yesterday,  my  opinion,  based  upon  the 
hypothetical  statement,  would  not  be  changed 
in  the  slightest. 


THE  WHARTON-KETCHUM  TRIAL. 


117 


To  Mr.  Syester— I  am  the  only  one  of  my 
family  who  belong  to  the  medical  profession: 
after  graduating  I  practiced  in  New  Garden 
i township,  Chester  county,  Pennsylvania;  I 
was  there  twelve  or  fifteen  years;  I  then  went 
to  Philadelphia  and  remaim  d  there  from  Feb¬ 
ruary,  1859,  to  October,  1862,  when  I  went  into 
the  army  as  a  surgeon;  I  met  with  three  cases 
of  children  attacked  with  cerebro  spinal  men¬ 
ingitis  before  f  left  Philadelphia;  I  gathered 
the  inference  that  General  K.  had  taken  more 
than  the  usual  amount  of  exercise  from  the 
hypothetical  statement;  I  tried  to  account,  in 
the  first  place,  for  the  derangement  of  the 
digestive  organs;  I  judged  that  General 
Ketchum  had  taken  considerable  exercise: 
I  care  nothing  about  the  fatigue,  as  it  is  no 
matter  to  the  case;  I  was  not  accustomed  to 
address  myself  to  a  jury,  and  being  “green  ”  I 
brought  that  matter  forward,  but  I  am  will¬ 
ing  to  drop  that  and  start  “fresh;’7  I  cannot 
explain  to  the  jury  the  circumstances  which  I 
inferred;  if  General  Ketchum  had  had  a  good 
appetite  on  Sunday,  ate  breakfast  and  tea,  it 
would  not  alter  my  opinion;  1  know  that  it 
would  have  been  impossible  for  a  man  to  have 
eaten  three  meals  under  such  circumstances; 
his  indisposition  on  Saturday  and  continued 
indisposition  on  Sunday  confirmed  my  opinion; 
I  am  judge  of  his  case  as  far  as  ray  opinion, 
as  a  medical  man,  goes;  it  is  very  often  the 
case  that  a  patient  may  be  better  because  of 
the  company  he  has;  it  may  have  been  so  with 
General  Ketchum;  if  he  had  had  no  company  he 
might  have  been  found  “niglier”  the  true 
state  of  his  case;  the  removal  of  the  ice  and 
the  change  for  the  worse  was  one  circum¬ 
stance  which  led  me  to  my  opinion;  the 
symptoms  of  cerebro  spinal  meningitis  were 
there;  the  improvement  of  the  patient  from 
the  application  of  ice  bags  to  the  head,  and 
his  change  for  ttie  worse  when  it  was  removed, 
had  their  share  in  making  up  my  opinion;  if 
the  application  of  ice  had  made  him  worse 
instead  of  better,  it  would  have  been  like 
kicking  a  dead  man’s  skull,  as  there  was  not 
then  blood  enough  in  his  head;  it  would  be 
doubtful  whether  the  application  of  ice  to  his 
head  made  him  better  or  worse;  it  makes  no 
difference  with  the  opinion  I  expressed  yester¬ 
day  whether  ice  was  applied  with  benefit  or 
removed  with  bad  effect;  the  condition  of  his 
countenance  was  produced  by  a  congested 
condition  of  the  capillaries;  take  the  converse 
of  the  statement  as  to  the  effects  from  ice, 
and  it  would  make  no  difference  with  my 
opinion;  I  do  not  think  irritation  of  the  in¬ 
testines  and  the  finding  in  them  of  a  yellow, 
pappisli  substance,  would  change  my  opinion; 
I  rely  entirely  on  one  connected  chain  of 
symptoms,  from  the  inception  of  the  attack  to 
its  close;  there  was  really  no  “let  up”;  I  will 
mention  among  the  symptoms  that  there  was 
no  improvement  from  Saturday  until  Sunday 
night;  then  he  had  symptoms  of  cholera 
morbus,  but  was  required  but  once  to 
go  to  the  yard;  on  Monday  morning 
he  was  still  worse,  and  the  gastric 
trouble  increased,  and  a  new  set  of 
symptoms  manifested  themselves,  for  with 
nausea  he  had  giddiness;  on  that  morning,  so 
my  record  says,  he  ate  some  breakfast  in  bed, 
vomited  about  10  A.  M.,  and  again  he  vomited 


at  4  P.  M.;  the  doctor  finds  him  prostrated, 
pale  and  feeble,  aud  witb  a  rapid  and  feeble 
pulse;  he  prescribed  creosote  and  lime 
water;  on  Tuesday,  about  10  A.  M.,  his  phy¬ 
sician  finds  him  asleep:  he  is  aroused  and  says 
he  is  able  to  go  that  day  to  Washington;  yet 
he  continues  to  sleep;  he  is  no  judge  of  his 
own  case,  and  his  physician  was  deceived;  his 
symptoms  grow  more  deadly  every  hour;  he 
grows  worse;  his  gait  is  unsteady,  and  he 
staggers  when  he  walks;  he  passes  no  urine; 
he  breathes  stertorously;  all  this  was  on  the 
day  he  said  he  was  well  enough  to  go  to 
Washington;  on  Wednesday  morning  he  was 
worse,  aud  his  physician  finds  him  at  40 
A.  M.  semi- comatose,  and  with  the  symptoms 
stated  in  the  hypothetical  statement.  [The 
witness  then  went  on  narrating  the  symptoms 
as  described  in  the  hypothetical  statement,' 
confining  himself  to  them,  and  said  the 
symptoms  continued  without  abatement,  only 
giving  way  to  others  more  deadly.] 

He  continued — The  symptoms  are  ap¬ 
parently  of  the  same  disease;  all  are  due  to 
cerebro  spinal  meningitis;  the  apparent  trouble 
commenced  on  Saturday  night:  I  cannot  say 
that  if  General  K.  had  been  found  sitting  up 
at  2  A.  M.  on  Tuesday,  looking  at  his  watch 
aud  conversing,  that  it  would  have  changed 
my  opinion;  I  say  in  the  face  of  the  medical 
world  that  Gen.  Iv.  was  not  able  to  go  to  Wash¬ 
ington  when  he  told  Dr.  Williams  that  he 
was,  and  I  can  give  a  case  in  point;  the  symp¬ 
toms  which  followed  showed  that  he  was  not 
able  to  make  the  trip;  the  shiver  spoken  of  is 
frequently  present  in  cases  of  cerebrospinal 
meningitis;  it  is  not  of  much  importance,  but 
was  only  one  circumstance  in  the  chain;  I 
consider  that  General  K.’s  case  was  not  oue  of 
the  active  form,  and  but  resembles  the  fulmi¬ 
nant  form;  if  Geueral  K.  had  had  the  fulmi¬ 
nant  form,  lesions  might  or  might  not  be  dis¬ 
coverable;  we  may  have  a  case  lasting  four 
days,  and  no  lesions  would  be  discoverable;  I 
have  examined  such  a  case,  but  I  do  not  know 
that  it,  could  be  classed  as  of  the  fulminant 
form:  I  know  of  cases  of  the  fulminant  form 
occurring  when  there  was  no  decided  epi¬ 
demic;  I  have  always  found  some  lesions, such 
as  congestion  of  the  brain,  but  no  inflamma¬ 
tory  lesions;  the  brain  and  brain  substance  may 
be  poisoned  and  no  inflammatory  lesions  be 
left;  I  do  not  know  of  a  case  in  which  no  le¬ 
sions  could  have  been  discovered  by  the 
microscope;  there  is  always  some  embarrass¬ 
ment  of  the  nerve  centres,  and  they  may  only 
be  deadened  by  the  nerve  poison;  I  never 
made  microscopic  examinations  after  death; 
I  never  Knew  it  to  commence  with  a  chill  on 
a  child,  and  it  commences  only  sometimes 
with  a  chill  on  grown  persons;  I  know  that 
the  books  say  it,  commences  with  a  chill,  but 
my  experience  says  it  does  not:  I  would  not 
be  surprised  to  learn  that  it  had  commenced 
with  a  chill  on  a  grown  person;  the  symptoms 
of  the  case,  and  not  the  post  mortem  appear¬ 
ances  alone,  will  account  for  the  presence  of 
the  disease;  one  of  the  peculiarities  of  the 
disease  is,  that  the  post  mortem  does  not  ac¬ 
count  for  the  symptoms  manifested;  General 
Ketchum’s  case  has  the  appearance  of  a  semi- 
fulminant  form;  that  is,  one  of  the  congestive 
forms,  without  active  inflammation. 


118 


THE  WHARTON-KETCHUM  TRIAL. 


To  Mr.  Revell — In  this  disease  it  is  very 
difficult  to  tell  when  an  improvement  com¬ 
mences;  it  is  very  important  to  be  present  and 
observe  the  symptoms  as  they  occur;  I  said 
there  would  be  an  enemic  condition  of  the 
brain  previous  to  the  application  of  the  ice 
bags;  the  books  do  not  say  that  the  absence 
of  lusions  is  attributable  to  the  rapidity  of 
the  disease.  Dr.  McClurg  here  referred  to 
Aitkin,  page  1.007,  and  said  that  active  con¬ 
gestion  of  the  brain  did  not  necessarily  follow. 
He  continued — I  have  had  cases  in  which  this 
congestion  could  be  observed  without  the  use 
of  the  microscope. 

Mr.  Revell  here  read  from  Niemver,  page 
155,  and  Dr.  McClurg  said  Niemyer  was  good 
authority,  and  he  agreed  with  him  in  the 
statement  read. 

He  continued— As  a  general  rule,  in  cerebro 
spinal  meningitis  there  is  a  suspension  of  all 
the  secretions:  the  suppression  of  urine  is  one 
of  the  characteristic  symptoms  of  the  disease, 
and  as  a  general  rule  it  is  always  found:  I 
have  failed  to  find  it  in  chronic  cases;  the 
suppression  shows  itself  early  in  the  attack. 

Mr.  Revell  here  read  from  Stille.  page  53.  on 
the  subject  of  the  suppression  of  the  urine, 
and  Dr.  McClurg  expressed  his  opinion,  with 
qualifications. 

He  continued — Headache  is  by  no  means  an 
invariable  symptom  in  the  fulminant  form. 

Mr.  Revell  here  read  to  the  witness  a  state¬ 
ment  embracing  the  points  which  he  con¬ 
tended  had  been  established  by  the  testimony, 
and  those  contained  in  the  statement  read  to 
Professor  Donaldson,  and  Dr.  McClurg 
testified — I  would  have  no  doubt  at  al. 
in  believing  that  he  had  died  from 
some  brain  trouble  and  I  would  conclude  from 
the  symptoms  that  he  had  died  from  apo¬ 
plexy  from  congestion;  the  red  clots  in  the 
brain  would  not  necessarily  appear  in  the 
post  mortem  examination;  apoplexy  fro/u  con¬ 
gestion  is  a  different  disease  from  cerebro 
spinal  meningitis;  if  antimony  had  been 
found  in  his  stomach,  liver  and  kidneys,  1 
could  not  say  whether  he  died  from  anti- 
mouial  poisoning,  cerebro  spinal  meningitis 
or  apoplexy  from  congestion;  the  case  is  an 
anomalous  one;  if  I  had  seen  the  case  and 
watched  the  symptoms  I  might  he  aide  to 
give  an  opinion;  many  things  are  omitted  from 
the  hypothetical  statement  which  I  would 
have  looked  for.  and  I  have  to  form  my 
judgment,  from  the  chain  of  symptoms  stated; 
I  would  say  that  he  died  from  a  deranged 
condition  of  the  nerve  centres;  the  finding  of 
antimony  would  not  change  my  opiniou  as  to 
that  having  been  the  case;  the  violence  of  the 
symptoms  of  tartar  emetic  poisoning,  do  not 
always  depend  upon  the  quantity  adminis¬ 
tered;  three  grains  may  produce  as  much 
vomiting  as  fifty  grains;  two  or  three  grains 
is  a  uniform  dose;  the  secondary  effects  re¬ 
sulting  from  a  large  dose  may  not  result  from 
a  small  dose;  I  do  not  think  that  a  large  do^e 
would  destroy  the  muscular  power  of  the 
stomach  so  suddenly  as  to  suppress  vomiting. 

Air.  Revell  here  read  from  the  l .omlon  Medi¬ 
cal  Times  and  Gazette,  volume  12,  page  403, 
as  to  the  cffi-e.ts  of  a  lanre  <iose  of 
tartar  emetic,  and  Dr.  McClurg  said  he  had  had 
no  experience  iu  injecting  tartar  emetic  in  the 


blood  vessels,  and  would  not  like  to  give  any 
opinion. 

Mr.  Revell  again  read  from  Taylor  on  Poi¬ 
sons,  page  477,  and  Dr.  McClurg  said  lie 
agreed  with  the  author  in  his  statement  of 
the  symptoms,  but  those  given  there  were 
only  some  of  the  symptoms. 

Mr.  Revell  continued  to  read  further  of  the 
symptoms,  and  Dr.  McClurg  said  it  might  act 
as  a  corrosive  poison  and  destroy  the  coats  of 
the  stomach,  but  that  he  agreed  with  Taylor 
in  the  main;  in  case  of  apopiexy  from  com:es- 
tion  we  may  not  always  have  extravasation;  I 
!  do  not  know  that  Niemyer  holds thatopinion, 

1  bat  I  know  that  such  is  the  fact. 

!  To  Mr.  Syester — I  use  yellow  jessamine  gen¬ 
erally  in  cases  of  inflammatory  attacks;  I 
think  yellow  jessamine  would  be  a  pr.  tty 
]  good  remedy  in  cases  of  apoplexy  from  con¬ 
gestion;  I  do  not  know  that  I  would  use  forty 
drops,  but  I  use  Taylor’s  extract,  and  it  is 
much  stronger  than  the  ordinary  tincture; 
forty  drops  of  yellow  jessamine  would  not 
have  thrown  General  K.  into  convulsions,  no 
matter  what  he  had  been  suffering  from;  the 
!  most  rapid  case  of  tartar  emetic  poisoning  I 
I  ever  had  was  that  of  a  gentlemau  whotoik 
twenty7  grains  of  tartar  emetic,  instead  of 
calomel,  which  1  had  prescribed  for  a  plaster, 
and  he  recovered  in  about  a  day;  if  he  had 
taken  the  calomel,  instead  of  the  tartar  emetic, 
I  don’t  know  that,  he  would  have  been  well  so 
soon. 

Air.  Hagner  here  read  to  the  witness  from 
Taylor  as  to  the  symptoms  of  tartar  emetic 
poisoning,  and  Dr.  AlcClurg  agreed  with  the 
opinion. 

Mr.  Steele  read  from  Aitkin,  page  1007,  and 
I  the  witness  agreed  with  the  statement  of  the 
absence  of  appreciable  lesions. 

To  Mr.  Thomas — I  don’t  think  that  the 
change  for  the  better  after  1  o’clock  on  Wed¬ 
nesday  was  at  all  attributable  to  yellow  jes* 

I  samine. 

To  Mr.  Syester — I  do  not  think  that  if  tartar 
emetic  had  been  given  him  at  1  o’clock  it 
would  have  had  any  effect,  for  he  was  too  far 
gone:  irf  tartar  emetic  had  been  found  in  Ids 
stomach  I  would  say  that  it  had  been  admin¬ 
istered  before  1  o’clock;  cerebro  spinal  menin¬ 
gitis  affects  the  digestive  organs;  the  appetite 
is  generally  P"or,  and  digestion  is  retarded 
,  during  the  whole  course. 

The  witness  was  here  dismissed. 

Henry  Martin  was  next  called,  and  testi¬ 
fied— I  was  President  of  the  Baltimore  Copper 
j  Company,  but  resigned  about  a  year  ago. 

Mr.  Steele  here,  in  answer  to  Mr.  Revell, 
I  said  he  desired  to  show  by  the  witness  what 
were  the  facts  in  reference  to  the  connection 
of  Prof.  Toury  with  the  Baltimore  Copper 
Company. 

Mr  Revell  said  he  objected,  as  the  defence 
had  brought,  it  out,  in  cross-examination,  and 
lie  considered  that  it  bound  the  defence. 

Mr.  Steele  replied,  and  stated  what  he  ex¬ 
pected  to  prove,  namely,  that  Prof. Toniy  was 
I  never  employed  as  a  chemist  by  the  Baltimore 
j  Copper  Company,  but  that  he  had  been  re¬ 
fused  employment  as  a  chemist  by  that  Com¬ 
pany7,  and  had  left  because  of  some  difficulty 
about  his  salary. 

Mr.  Revell  replied  at  some  length,  earnestly 


THE  WHA R TON-KETCHUM  TRIAL. 


119 


contending  that  the  defence  had  brought  out 
the  answer  from  Prof.  Toury,  that  he  had  left 
the  service  of  the  company  because  the  Presi¬ 
dent,  now  on  the  stand,  had  required  him  to 
return  the  ores  as  less  than  he  had  found  them 
to  be,  and  in  his  opinion  the  defence  was  so 
hound  by  the  answer  that  they  could  not  now 
go  into  the  question  of  fact. 

Some  desultory  discussion  ensued,  and  Mr. 
Revel  1  read  from  the  report  of  the  Gazette,  to 
!  show  how  the  answer  had  been  brought  out. 

The  Court  decided  that  there  was  not  suffi¬ 
cient  ground  upon  which  to  impeach  the  testi 
mony  of  Prof.  Tonry.  The  Court  also  decided 
that  the  fact  of  Prof.  Tonr.v’s  having  been 
chemist  of  the  Baltimore  Copper  Company, 
could  not  be  inquired  into,  and  the  witness 
was  dismissed. 

Prof.  Harry  C.  White  was  next  called,  and 
testified — I  reside  in  Annapolis;  I  am  by  pro¬ 
fession  an  analytical  chemist;  I  graduated 
of  the  University  of  Virginia;  I  took  there  my 
diploma  and  degree;  I  began  the  practice  of 
my  profession  in  Baltimore  city;  I  had  charge 
of  the  analytical  department  of  the  chemical 
school  of  the  Maryland  Institute;  Professor 
Tonry  succeeded  me  last  October;  I  am  now  a 
Professor  in  St.  John’s  College  in  this  city;  I 
am  also  a  lecturer  ou  physics  at  the  Peabody 
Institute,  Baltimore;  1  heard  Prof.  Aikiu’s 
testimony, except  his  correction  of  his  mistake 
in  his  written  statement;  I  have,  however, 
read  the  official  report  of  his  testimony;  in 
my  opinion  his  tests  were  not  sufficient  to 
establish  the  presence  of  antimony  in  the 
stomach  of  General  Ketchuin  or  in  the  sedi¬ 
ment  in  the  tumbler;  I  heard  Professor  Ton- 
r.v’s  testimony,  and  Ido  not  think  he  estab 
lished  the.  presence  of  antimony  iii  the  jars 
brought  him;  if  I  remember  correctly  Pro¬ 
fessor  Aikin  took  the  residues  left  from  the 
strychiua  process;  he  had  added  bicarbonate 
of  soda,  tartaric  acid,  alcohol  and  ether;  he 
divided  it  into  two  portions,  A  and  B;  to  A  he 
added  hydrochloric  acid,  heated  ou  a  water 
hath  and  at  intervals  added  crystals  of  chlor¬ 
ate  of  potash;  I  am  now  speaking  of  hit  tes¬ 
timony. 

Mr.  Hagtier  here  read  from  his  notes,  as  to 
the  process  pursued  by  Prof.  Aikin,  and  Prof. 
White  said  it  agreed  with  his  recollection  of 
the  testimony  he  had  heard.  He  continued — 
Ido  not  agree  that  only  antimony  could  have 
i  given  the  dark  precipitate  Prof.  Aikin  ob¬ 
tained  with  sulphuretted  hydrogen  gas. 

Prof.  White  then  named  tin,  selenium  and 
a  number  of  other  substances,  which  would 
have  given  such  a  precipitate  as  Prof.  Aik  in’s 
process  yielded, and  concluded  by  saying:  I  see 
no  reason  why  antimony  only  should  have 
given  the  precipitate  Prof.  Aikin  obtained. 

He  then  continued — Professor  Aikin  could 
!  have  used  sulphide  of  ammonium  with  more 
certainty;  I  did  not  understand  that  Professor 
:  Aikin  took  any  steps  to  separate  the  organic 
I  matter  from  portion  B.  Mr.  Hagner  read  fur¬ 
ther  to  the  witness  from  Professor  Aikiu’s  tes¬ 
timony,  and  Professor  White  said  he  did  not 
think  Professor  Aikin’s  three  tests  furnished, 
under  the  circumstances,  any  proof  of  the  pres¬ 
ence  of  antimony;  in  the  first  place  the  precip¬ 
itate  he  obtained  is  not  peculiar  to  antimony 
because  other  substances  give  that  result;  sec¬ 


ond, the  solubility  of  that  precipitate  in  hydro¬ 
chloric,  acid  is  not  peculiar  to  antimony;  and 
third,  the  appearance  of  the  white  cloud  is 
not  peculiar  to  antimony;  the  three  taken 
together  are  not  peculiar  to  antimony,  be¬ 
cause  other  substances  would  give  the  an  me 
results;  sulphate  of  ammonium,  added  to  an 
acid  solution,  would  give  a  light  colored  pre¬ 
cipitate;  I  know  of  organic  matters  which 
would  give  the  results  Professor  Aikin  ob¬ 
tained;  almost  any  organic  matter,  such  as 
was  operated  upon,  would  give  the  same 
results;  I  have  tried  experiments  with  yel¬ 
low  jessamine  and  chloral,  and  obtained  simi¬ 
lar  results;  I  cannot  think  that  the 
tests  applied  were  sufficient  to  es¬ 
tablish  the  presence  of  antimony;  a 
dark  precipitate,  with  a  tinge  of  red,  is 
not,  in  my  opinion,  characteristic  of  antimony; 
as  far  as  my  knowledge  goes  no  metal  but  an- 
tirnouy  would  give  the  result  obtained  by 
Prof.  Aikin  from  the  use  of  tartaric  acid,  but 
there  are  organic  substances  which  would 
give  a  similar  result:  as  far  as  I  have  read  the 
authorities  would  not  consider  the  tests  of 
Prof.  Aikin  sufficient,  under  the  circum¬ 
stances,  to  establish  the  presence  of  antimony; 
the  best,  and  most  conclusive  test  in  the  search 
tor  antimony  is  the  production  of  the  metal; 
so  far  as  I  know  that  is  the  opinion  of  the 
best  authors;  only  after  the  metal  has  been 
tested  in  its  metalic  form  can  it  be  relied  upon. 

Mr.  Hagner  read  now  from  Taylor  on 
Poisons,  page  851,  as  to  the  liquid  tests,  and 
Prof.  White  agreed  with  the  opinion  there  ex¬ 
pressed. 

He  continued — If  I  had  a  solution  of  the 
sulphide  of  antimony,  I  could,  with  the  blow¬ 
pipe  and  the  use  of  ilux,  produce  the  metal  in 
about  a  minute;  the  reduction  of  the  metal 
can  be  accomplished  by  four  tests. 

Mr.  Hagner  now  read  from  Taylor’s  Medical 
Juiisprudence,  page  202,  and  Prof.  White 
agreed  with  the  statements  there  made  of  the 
different  processes  for  reducing  the  metal. 

Professor  White  continued — James’  Pow¬ 
ders,  Golden  Sulphurets  and  other  compounds 
are  the  compounds  from  tartar  emetic  in  gen¬ 
eral  use  in  commerce;  I  do  not  think  that 
Professor  Aikin’s  estimate  of  weights  was  at 
all  accurate.  Professor  White  here  detailed 
the  processes  pursued  by  Professor  Aikin  in 
making  his  estimates  of  weights.  Mr.  Hag¬ 
ner  next  read  to  the  witness  the  process 
pursued  in  the  analysis  of  the  sediment  of 
the  tumbler,  and  Professor  White  said  in 
answer;  The  test  of  a  drop  of  hydrochloric 
acid  was  not  characteristic  of  antimony,  and 
neither  was  the  disappearance  when 
i  an  excess  of  tartaric  acid  was  added;  none  of 
the  tests,  nor  all  of  them  together  demon¬ 
strate  the  presence  of  antimony  in  the  sediment 
in  the  tumbler;  I  understood  Professor  Aikin 
to  say  that  if  the  sulphide  of  antimony  which 
he  had  obtained,  if  allowed  to  stand,  might 
turn  from  red  to  black;  I  agree  with  him  that 
the  supernatant  liquid  over  the  precipitate  he 
obtained  might  turn  black;  I  suppose  it  was 
not,  only  possible,  but  easy  and  feasible,  to 
have  tested  further  for  tartar  emetic:  I  would 
have  used  the  method  of  dyalysis.  [Professor 
White  here  explained  the  process  as  Dr.  Reese 
had  done.]  He  continued — the  crystals  should 


120 


THE  WHARTON-EETCHUM  TRIAL. 


have  been  definite  in  their  formations  if  the 
substances  had  been  the  same;  if  tartar  emetic 
had  been  present  in  the  urine  Ur.  Williams 
tested  -with  nitric  acid,  that  acid  would 
have  given  a  white  precipitate:  I  have  made 
the  experiment:  I  know  well  the  laboratory 
room  at  the  Maryland  Institute,  and  I  fitted 
it  up:  I  know  Professor  Tonry’s  scales,  and  I  do 
not  think  any  reliance  could  be  placed  in  deli¬ 
cate  weighings  made  in  the  Maryland  Institute 
building;  the  building  is  shaky',  and  the  con¬ 
tinual  passing  also  interferes;  the  building  is 
ou  made  ground;  I  saw  the  spots  showed  by 
Professor  Tonrv;  I  could  not  say  from  the 
appearance  of  those  spots  whether  they  were 
antimonialor  arsenical;  in  my  opinion  they  re¬ 
semble  arsenical  spots;  iu  the  1-1  Oth.  part  of 
the  solution  used  by  Professor  Tonry  there 
was  l-64-100tbs  of  a  grain;  then  each 
spot  would  contain  l-833d  of  a  grain; 
Professor  Tonry  said  he  had  four  milli¬ 
grammes,  and  that  it  was  equal  to  six-tenths 
of  a  grain;  I  fin. I  by  a  calulation  that  it 
■would  have  been  6-lOOths  of  a  grain — ten 
times  less;  I  do  not  believe  that  such  minute 
spots  could  have  been  manipulated;  so  far  as 
his  manipulation  of  the  spots  goes  it  gave 
rather  negative  proof  of  the  presence  of  anti¬ 
mony;  if  lie  had  had  a  precipitate  of  sulphide 
of  antimony  and  dissolved  it  in  potash,  and 
added  tartaric  acid,  he  would  have  gotten  a 
yellow  precipitate  if  antimony  had  been  pres¬ 
ent  in  the  solution:  I  never  used  Prof.  Tonry’s 
scales,  and  don’t  know  that  they  would  weigh 
the  25-100ths  of  a  milligramme;  I  do  not  think 
that  all  of  Prof.  Tonry’s  tests,  taken  together, 
demonstrated  the  presence  of  antimony  in 
any  portions  of  the  solutions  he  used:  the  five 
last  spots  he  obtained  were  much  smaller  than 
the  first  thirteen,  and  I  think  they  weTe  too 
insignificant  for  any  reliable  manipulation; 
the  spots  were  too  small  to  determine  their 
character;  the  nitrate  of  silver  test  was  never 
carried  out,  and  no  precaution  was  taken  to 
prevent  the  passage  of  sulphuretted  hydrogen 
gas  into  the  nitrate  of  silver;  Prof.  Tonry 
showed  me  a  small  tube,  and  it  contained  a 
few  minute  flakes  of  a  light  colored  sub¬ 
stance;  I  suppose  there  were  only'  eight  or  ten 
flakes,  and  the  average  size  was  about  that  of 
a  pin’s  head;  I  came  to  no  conclusion  as  to  their 
character;  I  could  not  conclude  that  they  had 
been  produced  by  sulphide  of  antimony. 

Cross-examined  b.v  Mr.  Syester — If  1  re¬ 
member  Prof.  Tonry’s  testimony  he  did  not 
say  that  he  came  to  any  conclusions  as  to  the 
character  of  those  flakes,  bur,  he  said  they 
looked  more  like  antimonial  flakes  than  any¬ 
thing  else;  they  resembled  more  the  sulphide 
of  antimony  than  anything  else:  they'  did  not 
look  like  the  orange  red  sulphide  of  anti¬ 
mony  which  I  have  seen  in  my  experience, 
hut  I  do  not  say  that  they  did  not  look  like 
flakes  of  that  size  which  sulphide  of  antimony 
might  give;  they'  did  not  have  the  decided 
orange  red  color  of  sulphide  of  antimony 
which  I  have  seen,  but  I  would  not  sa.v  that 
they  were  not  characteristic  of  the 
sulphide  of  antimony  in  such  small 
quantities;  I  think  I„  know  other  metals 
which  would  give  similar  result^,  if  treated  in 
the  same  way  in  which  Professor  Tonry 
treated -his  solution  with  the  nitrate  of  silver 


test;  chadmum,  arsenic  or  tin  would  have 
yielded  similar  results;  I  would  not  pretend 
to  account  for  the  presence  of  chadmum  in  a 
man’s  liver;  it  was  first  discovered  as  an  im¬ 
purity  in  the  salts  of  zinc,  and,  for  all  I  know 
it  may  yet  be  given  in  medicines;  I  would  not 
know  how  to  accouut  for  the  presence  of  tin 
in  a  man’s  stomach;  chadmum  occurs  iu  ores 
of  zinc  as  a  sulphide  of  chadmum:  chemists 
find  it  in  the  market,  and  it  is  used  for  the 
purpose  of  manufacturing  fusible  alloys;  I 
think  it  has  also  some  minor  uses  in  medicine; 

I  should  certainly  call  all  Professor  Aikiu’a 
tests  liquid  tests;  I  do  not  consider  a  gaseous 
and  a  liquid  test  identical. 

Mr.  Syester  then  read  from  laylor  on  Poi¬ 
sons,  page  351.  and  Professor  White  said  he 
agreed  with  the  author  because  he  stated  that 
the  results  he  reported  had  been  obtained  iu 
the  absence  of  organic  matter. 

Mr.  Syester  read  further,  and  Professor 
White  said  that  the  metallic  sublimate,  spo¬ 
ken  of  was  the  metal  itself,  but  that  it  was 
objectionable  as  determining  the  presence  of 
antimony.  i 

Mr.  Syester  further  read  from  Taylor’s  Med¬ 
ical  Jurisprudence,  page  137,  and  Professor 
White  said  he  agreed  that  the  tests  there,  de¬ 
scribed  were  characteristic.bnt  not  decisive  of 
the  presence  of  antimony. 

Prof.  White  continued— I  did  not  under¬ 
stand  Prof.  Aikin  to  say'  that  the  dark  brown¬ 
ish  precipitate  which  he  obtained  from  a  por- 
1  tion  gave  him  the  characteristic  results  of 
antimony;in  the  experimental  took  a  mixture 
of  yellow  jessamine  and  chloral, passed  sulphu¬ 
retted  hydrogen  gas  through  it,  dissolved  the 
precipitate  in  boiling  hydrochloric  acid, 
dropped  that  solution  into  water  and  obtained 
j  a  white  cloud;  I  did  nothing  with  that  white 
|  cloud;  Dr.  Aikin  treated  his  white  cloud 
with  sulphide  of  ammonium  and  ob¬ 
tained  an  orange  red  precipitate;  I  do  not 
recollect  that  he  did  anything  else 
with  that  precipitate,  but  I  remern- 
|  ber  that  he  said  it  was  characteristic  of  auti- 
mony;  I  remember  that  Taylor  also  says  such 
i  a  precipitate  would  be  characteristic  of  anti¬ 
mony;  I  remember  that  Professor  Aikin, 
in  portion,  dissolved  his  white  cloud  in  tar¬ 
taric  acid;  I  think  the  results  I  obtained 
were  analagous  to  those  obtained  by'  Professor 
Aikiu. 

The  Court  here  adjourned  until  10  A.  M. 

!  to  morrow. 

The  attendance  was  much  larger  to-day;, 
notwithstanding  the  character  of  the  test! 
mony.  Among  those  present  were  Colonel 
Brantz  Mayer,  Hon.  Barnes  Compton,  Ex- 
President  of  the  Senate  of  Marylaud:  CaptsJ 
Greer  and  McAnley,  of  the  navy;  and  Hon. 
Daniel  Clarke,  of  Prince  George’s  county. 


TJURTY-F!  BIST  BAY. 

Annapolis,  January  10, 1872. 

The  great  trial  has  become  as  regular  and 
monotonous  as  a  country  school,  and  the  pro- 
creedings  are  devoid  of  sensatioual  interest.. 
Professor  White,  of  St.  John’s,  was  recalled, 
i  upon  the  opening  of  the  Court  to-day,  for  con- 


THE  WHARTON-KETCHUM  TRIAL. 


121 


tinued  cross-examination,  and  in  answer  to  Mr 
Syester,  testified— Professer  Aikin’s  tests  were 
what  I  should  call  liquid  tests;  I  think  most  of 
the  books  call  them  liquid  tests;  I  have  not  said 
that  Taylor  condemned  or  suspected  such 
tests;  Taylor  does  not  condemn  the  gaseous 
tests  when  fully  carried  out,  and  I  agree 
with  him  when  I  take  into  consider¬ 
ation  all  he  says  on  that  subject;  my  objec¬ 
tion  to  Professor  Akin’s  test  is  that  he  did  not 
get  rid  of  the  organic  matter  in  portion  B; 
it  obscured  the  results  which  were  obtained; 
he  did  not  go  far  enough;  he  used  no  processes 
by  which  he  could  have  gotten  rid  of  the  or¬ 
ganic  matter  in  portion  B;  the  metallic  anti¬ 
mony  should,  in  my  opinion,  have  been  pro¬ 
duced;  I  would  not  have  been  satisfied  to 
have  said  that  antimony  was  present  unless  I 
had  so  produced  it,  and  that,  too,  in  an  ordi¬ 
nary  analysis;  there  are  certainly  methods* 
which  may  be  applied  to  a  pure  solution 
known  to  contain  a  metal  by  which  its  pres¬ 
ence  would  be  established  without  the  pro¬ 
duction  of  the  metal;  if  I  did  not  know  the 
character  of  the  metal  in  the  solution,!  would 
of  course  prefer  to  produce  the  metal. 

Mr.  Syester — Suppose  you  have  a  solution 
of  organic  matter  containing  a  metal  also  in 
solution,  do  you  know  of  any  processes  by 
which  that  metal  could  be  identified  without 
the  production  of  the  metal? 

Professor  White — I  do  not  know  of  any  pro¬ 
cesses  by  which  it  could  be  absolutely  identi 
fled. 

Professor  White  continued— I  have  never 
tested  such  a  solution  without  producing  the 
metal;  1  was  never  satisfied  without  the  pro¬ 
duction  of  the  metal;  I  do  not  recollect  having 
proved  the  test  fallacious  without  the  produc¬ 
tion  of  the  metal;  I  do  not  know  that  I  ever 
produced  the  metal,  without  having  found  its 
presence  previously  indicated;  I  do  not  agree 
with  the  tests  with  which  I  have  expressed 
my  disagreement,  because  my  experience  has 
taught  me  that  they  are  fallacious;  I  have 
made  tests  for  antimony  in  organic  matter,  in 
which  I  did  not  know  that  antimony  was  pres¬ 
ent;  I  am  sure  that  some  of  my  tests  in  those 
instances  misled  me;  I  have  been  deceived 
by  some  of  my  tests  as  to  the  presence  of  tlie 
particular  metal  for  which  I  was  searching, 
and  I  afterwards  proved  it  by  the  production 
of  the  metal;  that  may  have  occurred  from  my 
ignorance  on  the  subject,  and  it  mignt  occur 
to  any  man,  but  nevertheless  it  was  sufficient 
to  my  mind  to  establish  the  fallacy;  I  recol¬ 
lect  mistaking  lead  for  silver,  iron  for  chro¬ 
mium  in  my  first  tests;  I  do  not  recollect 
having  ever  made  a  mistake  iu  antimony; 
Dr.  Aikin  got  rid  of  organic  matter  in 
portion  B  iu  some  degree,  and  in  other  de¬ 
grees  did  not;  I  do  not  thiuk  that  he  got 
rid  of  it  so  as  not  to  obscure  the  results  of  his 
analysis;his  reagents  were  not  sufficient  to  have 
gotten  lid  of  the  organic  matter  in  any  case, 
yetldo  not  know  but  that  I  would  nothave 
used  tartaric  acid;  but  I  would  have  gone 
further;  I  think  it  was  very  proper  for  him 
to  have  used  tartaric  acid;  I  did  not  hear  Dr. 
Gentk’s  testimony. 

Mr.  Syester  here  read  from  Dr.  Genth’s  tes¬ 
timony'  to  the  effect  that  if  Professor  Aikin 
was  looking  for  antimony  the  use  of  tartaric 


was  right,  hut  that  if  ho  was  looking  for  tar¬ 
tar  emetic  the  use  of  tartaric  acid  was  wrong, 
and  Professor  White  expressed  his  agreement 
with  the  opinion  of  Dr.  Genth. 

Professor  White  then  continued — I  do  not 
think  that  any  of  the  reagents  Professor 
Aikin  used  with  portion  B  were  sufficient  to 
have  gotten  rid  of  the  organic  matter; 
I  do  not  remember  that  Professor  Aikin  said 
he  obtained  a  clear  solution  by  dissolving  the 
sulphide  in  hydrochloric  acid;  I  remember 
that  lie  obtained  a  white  cloud  by  one  of 
his  tests  with  portion  B;  the  boiling  of  his 
reddish-brownish  precipitate  in  hydrochloric 
acid  would  very  probably  have  destroyed  a 
very  small  portion  of  the  organic  matter;  in 
his  report  that  boiling  gave  him  the  odor  of 
sulphuretted  hydrogen;  that  odor  would  not 
be  due  to  the  destruction  of  the  organic  mat¬ 
ter;  tartaric  acid  may  have  removed 
a  portion  of  the  organic  matter;  he 
first  undertook  to  dissolve  a  portion 
of  his  residues  in  tartaric  acid,  but 
it  did  not  dissolve;  the  hydrochloric  acid  he 
used  afterwards  did  not  remove  more  than  a 
small  portion  of  the  organic  matter;  I  can’t 
say  what,  wou'd  have  been  the  effect  upon  the 
coloring  matter,  hut  I  suppose  it  would  have 
had  the  effect,  of  removing  aport, ion  of  the  color¬ 
ing  matter;  he  might  have,  by  continued  treat¬ 
ment  with  those  acids,  have  removed  the  col¬ 
oring  matter;  it  is  not  impossible  that  he 
could  have  gotten  a  clear  solution  by  boiling 
his  reddish  brownish  precipitate  in  hydro¬ 
chloric  acid;  if  the  solution  had  been  colorless 
the  white  cloud  would  have  been  an  indication 
of  the  probable  presence  of  antimony;  when 
I  got  the  white  cloud  in  my  experiment  with 
yellow  jessamine  and  chloral  1  stopped;  Pro¬ 
fessor  Aikin  treated  his  white  cloud  with  hy¬ 
drosulphate  of  ammonium,  and  obtained  an 
orange-red  precipitate;  bismuth  would  not 
have  given  that  orange-red  precipitate;  i 
stopped  in  my  experiment  because  I  attached 
very  little  importance  to  the  experiment  with 
yellow  jessamine  and  chloral;  I  think  other 
organic  matters  than  yellow  jessamine  and 
chloral  would  have  gi-,  me  the  results  I 
obtained  in  that  experiment;  if  Prof.  Aikin 
had  used  muriatic  acid  or  hydrochloric  acid 
the  result  would  not  have  been  the 
same  as  if  his  white  cloud  had  been  treated 
with  the  liydrosulphate  of  ammonia;  I  do 
not  know  that  Prof.  McCulloch’s  white 
cloud  would  have  giveu  an  orange  red  pre¬ 
cipitate  if  treated  with  muriatic  acid;  I  did 
not  hear  Prof.  McCulloch;  I  cau  not  say  what 
would  have  been  the  result  if  he  had  treated 
his  white  cloud  with  hydrosulphate  of  ammo¬ 
nia. 

Mr.  Revell  now  showed  to  Prof. White  a  vial, 
and  he  said  the  flakes  iu  it  looked  like  those 
Prof.  Tonry  had  shown  him,  but  that  he  had 
not  taken  much  notice  of  them  at  the  time. 

Mr.  (Steele  said  the  State  had  no  right  at 
this  stage  of  the  case  to  bring  in  this  matter, 
and  they  could  not  now  introduce  new  testi¬ 
mony  on  this  point.  The  rule  was  that  the 
State  must  exhaust  its  testimony,  and  not, 
under  the  guise  of  cross-examination,  bring 
in  such  testimony  as  was  now  sought  to  be  in¬ 
troduced. 

Mr.  Hagner  contended  that  if  the  sediment 


122 


THE  WHA  RTON-KETCHUM  TRIAL. 


had  been  believed  to  be  an  antimonial  precip¬ 
itate  the  State’s  officers  snould  have  then 
brought  forward  their  witnesses 

Mr.  Revell  said  that  the  object  of  the  State’s 
officers  was  to  show  how  a  witness  might  he 
mistaken,  and  at  some  length  contended  that 
it  was  competent  to  present  the  vial  to  the 
witness,  and  that  it  was  a  legitimate  matter  of 
cross-examination.  The  matter  was  brought 
out  by  the  examination  in  chief  of  the  witness 
on  the  stand,  and  not  by  the  State’s  officers. 

Mr.  Syester  said  the  question  was  one  as  to 
the  right  of  cross-examination.  The  witness 
had  declared  on  his  examination  in  chief  that 
the  deposit  in  the  tube  was  not  the  orange  red 
color  peculiar  to  the  sulphide  of  antimony. 
The  State  on  cross  examination  desired  to 
correct  that  impression  by  exhibiting  to  him 
the  very  color  that  he  saw. 

Mr.  Steele  replied  and  iusisted  upon  the  rule 
that  the  State  should  exhaust  its  evidence. 
He  had  recently  examined  into  the  decisions 
of  great  English  judges  aud  the  rule  was  in¬ 
variable  that  the  plaintiff  should  exhaust 
its  testimony  and  not  hoid  back  any  portion 
of  its  testimony.  If  the  object  was  only  to  re¬ 
fresh  the  memory  of  the  witness  the  vial 
should  be  shown  to  him  merely  and  not  to  the 
jury;  he  understood  that  the  design  was  to 
offer  it  to  the  jury. 

The  Court  decided  that  the  question  before 
the  Court,  was  not  one  of  rebuttal,  but  of 
cross-examination,  and  it  was  comnetent  that 
the  memory  of  the  witness  could  be  tested  by 
exhibiting  to  him  the  vial  alleged  to  contain 
the  flukes  about  which  he  had  testified. 

Professor  White  continued — I  do  not  iden¬ 
tify  this  vial,  but  I  suppose  it  is  the  same 
Professor  Tonry  showed  me;  I  did  not  observe 
it  closely,  and  f  would  not  like  to  say 
that  it  was  the  same;  I  can  hardly 
state  now  whether  or  not  my  recollec¬ 
tion  is  refreshed,  as  I  looked  at  the  vial  only 
casually  when  Prof.  Tonry  showed  it  to  me; 
as  far  as  my  recollection  goes  the  flakes  in 
this  vial  are  in  appearance  the  same  as  those 
which  Professor  Tonry  exhibited  to  me;  in 
my  experiment  with  yellow  jessamine  and 
chloral  f  did  not  test  them:  I  did  not  add  to 
them  any  tartar  emetic;  the  metallic  anti¬ 
mony  can  he  obtained  also  by  what  is  known 
as  the  galvanic  test,  and  it  is  regarded  as  a 
good  test  for  reducing  the  metal;  in  myxex- 
periments  with  yellow  jessamine  and  chloral 
I  used  an  acid  solution:  I  have  now  none 
of  my  results  from  those  experiments; 

I  think  Professor  Tonrv’s  tests  were 
not  improper  as  far  as  they  went,  yet  I 
cannot  but  think  that,  ohe  or  t  wo  of  his  con¬ 
clusions  from  one  or  two  ,f  his  reactions,  as  to 
the  presence  of  antimony  were  improper;  the 
precipitate  obtained  by  the  use  of  sulphuretted 
hydrogen  he  dissolved  in  potash,  and  treated 
it  then  with  tartaric  acid;  if  antimony  had 
been  present  in  the  original  sulphide  a  yel¬ 
low  or  orange  red  precipitate  would  have  been 
given. 

Mr.  Revell  here  read  from  Wormley’s  Mi¬ 
cro-Chemistry,  page  234,  and  Professor  White  , 
said  he  agreed  with  the  test  there  described, 
hut  that  Professor  Tonry  had  omitted  the 
nitricacid.  Hecoutinued — As  I  understood  him 
he  omitted  to  state  that  he  used  the  nitric  acid,  | 


and  if  he  had  used  that  acid  my  objection  to  his 
!  test  on  that  score  would  not,  of  course,  hold; 
I  understood  him  to  state  generally  that  he 
followed  Prof.  Wormley;  I  am  not  criticising 
his  testimony,  and  my  opinions  are  based 
j  upon  what  he  said  were  his  experiments. 

Mr.  Revell  now  asked  the  witness,  after 
stating  to  him  the  contents  of  the  tumbler  as 
i  he  had  stated  them  to  Dr.  Genth,  if  those 
[  substances  would  give  the  results  obtained  by 
Prof.  Aikin  from  the  sediment  in  the  tumbler, 
and  Prof.  White  said  he  thought  they  prob¬ 
ably  would  not. 

He  continued — I  do  not  mean  to  say  that 
cadmnm,  tin  or  arsenic  would  give  all  the  re¬ 
sults  Professor  Tonry  obtained;  I  don’t  think 
antimony  or  any  other  metal  would  have 
given  all  those  results;  I  speak  from  both 
my  personal  knowledge  and  from  the  books;  J 
[•consider  his  two  negative  results  as  especially 
damaging;  my  chief  objection,  however,  is  to 
the  smallness  of  the  quantities  upon  which  lie 
was  operating;  if  the  quantity  had  been  suffi¬ 
cient  he  would  have  been  as  likely  to  have 
obtained  those  results  as  any  others. 

Professor  Tonry  was  now  desired  to  stand 
up,  and  Mr.  Syester  held  up  before  him  the 
vial  which  had  been  shown  Professor  White; 
he  identified  it  as  the  same  he  had  shown 
Professor  White,  and  said  it  had  not  been  un¬ 
sealed  since  before  it  was  shown  to  Prof. 
White. 

Mr.  Syester  desired  that  the  vial  should  be 
shown  to  the  jury,  and  it  was  passed  around 
among  them  and  examined  closely. 

Professor  White  said  he  desired  to  explain 
that  he  did  not  mean  on  yesterday  to  say  that 
weights  made  now  atthe  Maryland  Institute 
were  not  sufficiently  accurate  for  ail  com¬ 
mercial  purposes.  He  further  said  ibat  he 
would  not  like  to  weigh  there  less  than  the 
fiftieth  or  the  twenty-fifth  of  a  grain. 

Prof.  White  continued,  in  answer  to  Mr. 
Revell— The  25-10, OOOtlis  part  of  a  gramme  is 
the  3i'5-10-1000tbs  of  a  grain;  that  is  about 
l-35th  part  of  a  grain;  by  cioser  calculation 
it.  is  the  1-26  or  1-27  of  a  grain. 

Prof.  White  was  here  dismissed. 

Dr.  Win.  H.  Baltzell  was  next  called,  and 
testified — I  reside  at  175  St.  Paul  street,  Balti¬ 
more,  and  I  have  been  practicing  medicine 
about  thirty  years;  I  have  been  always  exten¬ 
sively  engaged  in  the  practice  of  medicine;  I 
have  read  the  hj’pothetical  case,  and  from  its 
contents  I  should  say  that  General  K.  had  died 
from  natural  causes;  from  my  experience  with 
a  great  many  cases  of  what  is  termed  by  the 
books  cerebro  spinal  meningitis  I  should  say 
it  most,  resembles  that,  disease;  in  my  an¬ 
swers  I  want  to  be  pre-eminently  practical, 
and  1  think  we  have  had  enough  of  books  in 
this  case;  last  May  I  had  a  case  so  nearly 
similar  that  I  could  not  help  remarking  the 
similarity  to  General  Ket, chum’s  case;  I  called 
Dr.  Warren  in  consultation;  the  patient  was  a 
man  of  a  robust,  powerful  constitution,  resid¬ 
ing  in  South  Baltimore,  who  I  knew  well  and 
saw  frequently:  I  knew  of  his  regular  habits, 
and  his  previous  exemption  from  disease:  on  a 
Sunday  in  the  latter  part  of  May  he  took  a  long 
walk  into  the  country,  and  after  going  some 
distance  he  drank  one  or  two  glasses  of  lager 
beer,  and  seated  himself;  he  remained  seated 


THE  WHARTON-KETCHUM  TRIAL. 


123 


about  half  an  hour,  and  returned  home  the 
same  evening,  when  he  complained  of  feeling 
badly;I  was  sent  for, and  saw  dim  the  next  day; 
I  found  him  mentally  unable  to  give  me  correct 
answers  to  my  questions  as  to  his  condition; 
from  the  symptoms  in  his  case  I  was  not  long 
in  making  up  my  mind  as  to  the  character  of 
his  disease;it  presented  well  marked  symptoms 
of  cerebro  spinal  trouble:  on  visiting  him  early 
the  next  morning  (Tuesday),  I  found  all  his 
symptoms  aggravated;  a  constant  disposition 
to  throw  himself  on  his  right  side,  mutter- 
ings,  delirium,  incoherent  answers,  a  most 
wonderful  sensibility  to  the  touch,  his  head 
and  neck  drawn  backwards  were  the 
symptoms;  I  administered  yellow  jessa¬ 
mine  without  any  benefit:  I  would  state 
that  one  of  the  best  marked  symp¬ 
toms  in  his  case  was  the  total  insensibility  of 
his  pupils  to  light,  but  they  were  not  abnor¬ 
mally  dilated  or  contracted;  I  tested  with  my 
fingernail  on  the  ball  of  his  eye,  and  there 
was  no  sensibility  at  all;  there  was  reten¬ 
tion  of  urine,  and  upon  using  the  catheter  I 
found  suppression,  obtaining  only  a  very 
small  quantity;  so  exquisitely  sensitive  was 
he  to  touch  that  his  wife  complained  that  1 
was  hurting  him;  I  saw  him  three  times  on 
Wednesday,  and  he  died  that  night  abodtdl 
o’clock  in  convulsions;  lockjaw  had,  I  learned 
upon  inquiry,  set  in  just  after  I  left  at  2  P. 
M.;  I  saw  in  that  immediate  neighborhood, 
about  the  1st  of  June,  two  other  oases  equally 
sudden,  and  terminating  similarly;  I  saw 
other  cages  of  the  same  disease  that  termi¬ 
nated  favorably;  there  was  a  difference 
between  them — those  which  terminated  fa¬ 
tally  were  of  the  fulminant  form;  my  experi¬ 
ence  teaches  me  that  when  the  attack  is  pro¬ 
tracted  beyond  four  or  five  days  the  disease 
is  more  manageable:  the  first,  case  I  have  men¬ 
tioned  is,  I  consider,  a  typical  case;  there  were 
other  cases  in  the  city  at  the  time,  but  it  is 
difficult  to  say  that  it  was  au  epidemic  disease, 
because  many  physicians  classed  it  as  typhus, 
or  spotted  fever;  the  termination  of 
the  cases  termed  typhus,  into  w'hich 
I  was  called  in  consultation,  proved 
them  to  be  cerebro  spinal  meningitis; 
where  a  disease  prevails  over  a  whole  city 
it  is  epidemic,  and  when  confined  to  a  locality 
it  is  called  endemic;  some  years  ago  cerebo 
spinal  meningitis  was  so  endemic,  that  Elbow 
lane,  in  South  Baltimore, was  closed  up  by  the 
health  officer;  the  cases  I  attended  and  was 
called  in  to  see  were  in  different  parts  of  the 
city;  I  think  there  was  enough  of  the  disease 
prevailing  in  Baltimore  for  it  to  be  known  to 
the  profession  that  it  did  prevail;  I  certainly 
knew  that  it  prevailed;  other  cases  which  I 
saw  continued  along  in  the  month  of  June; 
.the  hypothetical  statement  points  distinctly 
’to  cerebro  spinal  meningitis,  and  is  an 
admirable  description  of  the  disease;  I  have 
seen  cases  of  tartar  emetic  poisoning;  I 
t  saw  a  child  die  from  an  accidental 
dose;  the  quantity  that  the  child  took  was 
not  known;  the  ’muscular  system  was  per¬ 
il  feetly  relaxed  in  the  cases  I  saw  of  tartar 
emetic  poisoning:  the  skin  was  moist  and  in¬ 
sensitive;  no  impression  was  made  by  hand¬ 
ling;  the  circulation  was  very  feeble;  the  at¬ 
tack  upon  the  kidneys  was  powerful,  by 


increasing  the  secretion;  I  used  tartar  emetic 
constantly  in  cases  of  dropsy,  and  I  had  seen 
a  great  deal  of  tartar  emetic  used  to  produce 
sufficient  relaxation  to  enable  the  physician 
to  reduce  a  dislocation;  my  preceptor.  Profes¬ 
sor  N.  B.  Smith,  so  used  it  before  the  intro¬ 
duction  of  chloroform;  a  man  could  not  use 
tobacco  after  the  persistent  nausea  of 
tartar  emetic,  ^and  General  K.  conld  not 
have  sat,  smoked  and  talked  on  Saturday 
night  if  he  had  taken  tartar  emetic;  I  have 
seen  its  effects  last  several  days;  in  giving 
tartar  emetic  much  depends  upon  the  pecu¬ 
liarity  of  the  patient’s  constitution,  some 
being  much  effected  by  small  quantities,  and 
others  being  able  to  take  large  quantities 
with  impunity;  in  fact  there  is  a  dual  action 
in  almost  all  medicines,  and  I  have  seen  small 
doses  of  tartar  emetic  stop  vomiting;  in  1843  I 
was  called  to  see  Mrs.  Andrews,  the  wife 
of  an  apothecary,  in  Hughes  street,  who 
wished  to  take  a  dose  of  Rochelle’s  powder, 
which  so  nearly  resembles  tartar  emetic  in 
appearance  as  to  make  it  difficult  to  distin¬ 
guish  them;  she  took  two  teaspoonsful 
of  'tartar  emetic  in  sweetened  water  instead 
of  the  powder;  I  found  her  lying  on  her  back, 
to  all  appearances  powerless;  her  head  was 
turned  to  one  side  and  the  vomit  was  flowing 
freely;  learning  the  mistake  she  had  made,  I 
immediately  administered  tanic  acid,  followed 
by  mustard  and  water;  the  bowels  were  per¬ 
fectly  relaxed  and  the  kidneys  acted  very 
freely ;  the  patient  recovered ;  the  child 
that  I  saw  die  drank  a  glass  of  antimo- 
nial  wine,  and  died  from  excessive  vomit¬ 
ing  and  purging;  but  for  appearances  the 
case  might  have  been  mistaken  for 
either  a  case  of  Asiatic  cholera  or  cholera  in¬ 
fantum;  if  General  Ketchum  had  been  given 
tartar  emetic  he  might  have  gone  down  stairs, 
but  could  never  have  gotten  upstairs;  I  had 
to  treat  Mrs.  Andrews  for  months  after  she 
was  out  of  danger;  I  never  saw  a  person’s 
throat  so  excoriated  as  her’s,  except  by  a  min¬ 
eral  acid;  I  dou’t  think  she  could  have  held 
her  arms  up;  a  person  who  had  been  poisoned 
with  tartar  emetic  would  not  have  hyperes¬ 
thesia  at  once;  I  have  never  seen  it  from 
tartar  emeti;j;  I  have  never  seen  suppres¬ 
sion  or  retention  of  urine  from  tartar 
emetic  poisoning,  hut  always  increased  ac¬ 
tion  of  the  kidneys;  I  have  never  seen  a 
post  mortem  from  tartar  emetic  poisoning;  in 
case  of  death  from  tartar  emetic  the  par 
vagum  nerve  would  be  paralyzed,  and  the 
patient  would  diefrom  paralysis;  tartaremetic 
is  a  powerful  irritant,  and  produces  pustules 
by  application  to  the  surface  skin;  if  taken  in 
large  and  poisonous  doses  it  would  excoriate 
the  tongue,  the  d esophagus,  the  stomach  and 
every  other  portion  of  the  mucous  membrane 
with  which  it  came  in  contact;  if  it  was 
vomited  up  at  once  it  would  not  irritate,  but 
when  it  remains  in  the  stomach  it  produces 
the  irritation  I  have  spoken  of;  I  have  read  of 
cases  of  natural  diseases  terminating  fatally 
without  leaving  lesions;  but  I  don’t  remem¬ 
ber  to  have  failed  to  find  them;  when 
in  charge  of  the  Baltimore  City  Almshouse 
I  saw  a  case  of  acoholic  poisoning 
in  which  the  lesions  were  so  slight  as  not  to 
account  for  the  death  of  the  patient;  I  never 


124 


THE  WHABTON-KETCHUM  TRIAL. 


made  a  post  mortem  of  a  case  of  cerebro  spi¬ 
nal  meningitis:  in  the  case  to  which  I  called 
Dr.  Warren  in  consultation  the  man’s  limbs 
below  the  knee  seemed  to  be  paralyzed,  and 
he  did  not  respond  to  my  touch  on  those  parts: 
when  I  touched  about  the  knee  it  seemed  to 
disturb  him,  and  he  moved;  he  first  com¬ 
plained  that  he  did  not  feel  well  about  the 
head,  and  was  chilly;  that  was  on  Sunday, 
when  he  returned  from  the  country;  there  is 
the  greatest  variety  imaginable  in  the  symp¬ 
toms  of  cerebro  spinal  meningitis;  in  the  in¬ 
ception  of  nearly  all  diseases  there  is  a  chill¬ 
ness;  in  all  three  of  the  fatal  cases  I  saw  there 
was  no  reaction,  but  a  continuous  cold  stage; 
in  all  of  the  cases  the  symptoms  were  very 
nearly  the  same;  from  what  I  read  in  the  hypo¬ 
thetical  statement  my  determined  conclusion 
is  that  the  patient  died  from  natural  causes.as  I 
did  not  see  the  patient  and  can  only  make  my 
conclusion  from  the  hypothetical  case;  I  am 
in  full  practice,  but  I  am  not  a  professor  in 
anv  medical  institution. 

To  Mr.  Kevell— As  a  general  thing  medical 
nomenclature  is  an  unintelligible  jargon; 
medical  nomenclature  does  not  explain  the 
hypothetical  case;  cerebrospinal  meningitis  is 
a  blood  poisou  acting  upon  the  nervous  cen¬ 
tres,  and  in  some  cases  produces  death  in  an 
exceedingly  short  time;  how  it  is  impossible, 
to  say,  unless  we  could  open  the  door  of  the 
laboratory  of  the  human  system;  in  some  cases 
there  are  well  marked  lesions  of  inflammation, 
and  in  others  no  lesions:  cerebro  spinal  menin¬ 
gitis  means  inflammation  of  the  membranes 
of  the  brain  and  spinal  sheath;  I  firstremarked  ! 
the  similarity  betwen  my  case  and 
General  Ketchum’s  when  the  post  mortem  was  1 
made  in  July;  the  report  was  handed  about 
among  diflerent  physicians;  I  saw  it  in  a  j 
written  paper  which  was  handed  to  me  by  a  \ 
brother  physician,  whose  name  I  do  not  re-  i 
call;  it  bore  no  signature,  and  I  do  not  know 
who  wrote  it;  it  was  a  general  subject  of  talk  j 
among  the  doctors  of  Baltimore;  I  did  hold  a 
post  mortem  examination  of  the  case  of  cere-  I 
bro  spinal  meningitis,  in  which  Dr.  Warren 
was  called  in;  I  don’t  remember  who  were  , 
present  when  the  statement  of  the  post  mor 
tern  of  General  Ketchum  was  handed  to  me;  it 
was  after  a  meeting  on  Courtland  street  of' 
our  Medical  Association;  1  think  Drs.  Erick,  j 
Wayson  and  Hartman  were  present;  I  read 
the  paper  and  handed  it  back  to  some  one;  I 
don’t  know  that  any  of  the  others  read  it;  in 
reflecting  upon  the  cases  afterwards  I  re-  ! 
marked  the  similarity;  I  don’t  think  I  men-  j 
tioned  it  to  the  other  physicians;  I  . 
can’t  fix  the  time  nearer  than  that  it  was  in  | 
the  mouth  of  July;  I  won’t  swear  that  it  was  ; 
in  the  latter  part  of  June  or  in  July;  I  have  i 
attended  very  few  of  the  sessions  of  our  As¬ 
sociation  within  the  last  eight  months;  I 
think  the  meeting  at  which  I  met  Drs.  Erick, 
Wayson  and  Hartman  was  in  the  latter  part 
of  June;  it  was  the  time  the  case  was  talked 
of  so  generally;  I  took  the  symptoms  of  the 
two  cases;  the  train  of  symptoms  was  the 
same;  I  never  made  a  post  mortem  in  a  case  of 
cerebro  spinal  meningitis,  but.  I  have  read  of 
a  great  many;  I  was  called  by  Dr.  Yeatos,  who 
lives  on  Exeter  street,  in  a  case  on  Canal 
6treet,  and  he  called  that  case  one  of  typhus 


fever;  from  its  peculiar  purple  spots,  and  from 
the  opisthonos,  the  semi-comatose  condition, 
and  the  suppression  of  uriue,  I  believed  it  to  be 
a  case  of  cerebro  spinal  meningitis;  that  case 
was  fatal:  hyperesthesia  was  present  in  that 
and  in  all  the  fatal  cases  I  saw;  I  dou’t  re¬ 
member  any  of  the  other  symptoms;  I  dou’t 
remember  any  of  the  other  cases  to  which  I 
was  called  in  consultation,  except  one  to 
which  a  German  doctor,  named  Rostmyer, 
called  me;  he  called  it  spotted  fever,  and  used 
the  word  "flee,”  which  means  spot  in  German; 
I  don’t  think  hyperesthesia  was  in  that  case; 
generally  in  cases  of  typhus  fever  the  sensi¬ 
bility  of  the  skin  is  not  increased,  and  I  have 
never  seen  hyperesthesia  in  that  disease; 
sometimes  suppression  of  jjie  urine  occurs  in 
typhus  fever,  and  there  is  no  one  symptom  in¬ 
variably  present  in  typhus  fever;  accord¬ 
ing  to  my  observation  suppression  of 
the  urine  is  rather  an  exception  in  typhus 
fever:  the  purplish  spots  iu  cerebro  spinal 
meningitis  are  so  diflerent  from  those 
of  typhus  fever,  that  I  can’t  under¬ 
stand  how  a  mistake  could  be  made;  I  have 
never  seen  opisthotonis  present  iu  typhus 
fever;  there  is  a  semi-comatose  condition  in 
typhus  fever;  there  is  never  in  any  city  an  ac¬ 
curate  report  of  deaths;  and  then  for  reasons 
which  I  dou’t  understand  the  presence  of  dis¬ 
ease  in  Baltimore  is  suppressed;  my  practice 
is  almost  exclusively  German;  I  speak  Ger¬ 
man,  and  I  prefer  to  practice  among  the  Ger¬ 
mans;  my  case  with  Dr.  Warren  was  that  of 
Fred.  Hiuuer,  who  kept  a  grocery  store  on 
Hamburg  street;  his  habits  -were  very  correct, 
and  he  was  a  very  exemplary  man;  I  think  I 
heard  him  say  that  he  took  a  glass  of  beer 
once  in  two  or  three  weeks;  he  said  he  was 
“wrong  in  his  head;”  when  I  tirst  saw  a  case 
of  cerebro  spinal  meunegitis  it  reminded  me, 
from  the  effects  upon  the  head,  of 
a  congestive  chill;  in  one  fulminant  case 
there  was  a  vertigo,  and  in  an  ordinary 
case  there  was  a  fullness  about  the  head; 
headache  is  among  the  most  constant  symp¬ 
toms  attending  this  disease,  but  not  iu  the 
fulminant  form,  because  the  poisou  is  so  rapid 
that  it  destroys  sensation:  in  only  one  of  my 
three  cases  of  the  fulminaut  form  did  I  get  an 
answer;  sometimes  the  fulminaut  form  will 
kill  iu  five  hours,  aud  again  not  for  three  or 
four  days;  I  approve  most  cordially  of  Dr. 
Williams’  treatment  of  General  Ketchum; 
Dr.  Baltzell  here  went  on  to  state  what  he 
understood  to  have  been  the  case,  and  with¬ 
out  coulining  himself  to  the  hypothetical 
statement,  said  his  cases  were  similar. 
He  continued — If  I  had  been  with  General 
Ketchum  I  think  I  could  have  told  when 
cerebro  spinal  meningitis  set.  iu;  I  am  a  very 
close  observer;  it  may  have  set  iu  on  Satur¬ 
day  night;  tartar  emetic  iu  the  stomach  is 
emphatically  not  a  symptom  of  cerebro  spinal 
meningitis. 

Mr.  Kevell  here  read  to  the  witness  a  state¬ 
ment  containing  what  he  believed  to  be  a 
proper  addition  to  the  hypolietical  statement 
of  the  facts  on  Suuday  aud  Monday,  and  asked 
the  witness  if  liis  opinion  was  unchanged. 

Dr.  Baltzell  said  Gen.  lv.  supposed  he  had  not 
digested  his  food,  aud  the  vomitiug  on  Mon 
day  morning  was  natural.  Mr.  Kevell  further 


THE  WHARTON-KETCHUM  TRIAL. 


125 


read  that  General  K.  was  better  on  Tuesday, 
ialked  with  his  doctor  and  paid  his  bill,  and 
the  witness  said  he  had  never  seen  such  symp¬ 
toms  or  evidences  in  his  cases  of  cerebrospinal 
Meningitis.  Mr.  Revell  read  further  of  the 
symptoms,  conversation,  etc.,  and  Dr.  Baltzell 
said,  taking  the  two  statements  together,  it 
svculd  be  difficult  to  say  whether  or  not  he  died 
it  cerebro  spinal  meningitis. 

He  continued — The  stimulant  he  took  into 
bis  stomach  might  have  produced  the  vomit¬ 
ing;  if  I  had  seen  the  case,  I  could  give  a  de¬ 
finite  answer,  but  the  chain  of  symptoms  is 
not  that  which  I  observed  in  my  cases  of  the 
fulminant  form;  I  have  read  of  such  cases, 
but  I  have  never  seen  such  a  case;  I  don’t  re¬ 
member  to  have  read  of  but  one  such  case;  it 
was  reported  three  or  four  years  ago  in  Haze’s 
Mediral  Journal,  and  occurred  in  a  little  town 
in  Pennsylvania;  it  last  four  or  five  days;  I  do 
not  mean  to  say  that  the  cases  correspond;  in 
fact  I  don’t  know  of  any  cases  which  corres¬ 
pond  with  that  which  the  two  statements 
present;  the  case  reported  by  Haze 
corresponds  only  in  the  vomiting  with 
General  Ketchum’s  case;  if  twenty  grains 
of  tartar  emetic  had  been  found  in  the  stom¬ 
ach,  it  would  have  showed  a  deadness  of  the 
stomach  which  would  have  prevented  any  ef¬ 
fects  from  it;  if  additional  antimony  had  been 
found  in  the  liver  and  kidneys,  I  would  say 
that  he  was  moribund,  and  no  medicine  would 
have  had  any  effect;  if  the  tartar  emetic  had 
been  found  in  his  liver,  kidneys  and  lungs,  I 
wonld  say  it  had  been  in  his  stomach  long 
snougli  to  have  been  absorbed;  tartar  emetic 
may  be  absorbed  in  thirty  seconds,  but  it  de¬ 
pends  very  much  upon  the  condition  of  the 
patient,  and  the  peculiarities  of  his  constitu¬ 
tion;  if  I  were  to  find  antimony  in  the  stom¬ 
ach,  kidneys  and  liver,  I  would  say  that 
they  had  had  some  effect  in  producing 
leatb;  if  antimony  had  been  found 
it  would  be  difficult  to  say  what  had  caused 
bis  death;  if  I  had  seen  him  all  through  his 
nckness,  and  made  a  post  mortem  examina¬ 
tion,  1  think  I  could  have  ascertained  the 
jauseof  his  death;  by  increasing  doses  of  tar¬ 
tar  emetic  nausea  may  be  produced  when  the 
irst  dose  had  failed  to  produce  it;  if  the  first 
lose  does  not  have  effect,  and  the  medicine  is 
tapidlv  repeated,  it  will  increase  the  nausea; 
the  greater  the  quantity  of  nauseating  medi- 
;ine  the  greater  the  nausea  produced;  tartar 
imetic  affects  some  persons  differently  from 
what  it  does  others;  if  the  child  I  have  spoken 
>f  had  taken  a  smaller  dose  it  might  have 
iied  in  tetanic  convulsions:  the  books  speak 
)f  vertigo  as  one  of  the  symptoms  of  tartar 
iiuetic  poisoning,  but  I  do  not  think  it  would 
)e  produced;  constriction  of  the  throat  is  uu- 
loubtedly  one  of  the  most  marked  and  violent 
ymptoms. 

Mr.  Revell  read  from  Taylor  on  poisons, 
>age  337,  and  Stille,  page  467,  as  to  the  symp¬ 
toms  of  tartar  emetic  poisoning,  and  Dr. 
3altzell  agreed  generally  with  the  descrip¬ 
tions  given. 

Dr.  Baltzell  continned— Opium  and  its  prep- 
irations  might  modify  the  effects  of  tartar 
unetic  poisoning;  I  have  read  of  cases  in 
vhich  tartar  emetic  was  taken  into  the 
itomach  and  retained  without  producing  ir¬ 


ritation;  but  in  those  cases  the  lesions  were 
so  well  marked  that  a  simple  post  mortem 
would  reveal  them.  Dr.  Baltzell  here  referred 
to  Orfila,  who,  he  said,  had  reported  such  a 
case.  He  continued — Fred.  Hinner  was  in  a 
semi-comatose  condition  when  I  saw  him, 
and  he  groaned  and  shivered  when  I  took 
hold  of  him;  just  prior  to  his  death 
the  application  of  a  stimulant  had  no 
effects;  I  make  use  of  the  attachee  menin- 
gitigue  without  getting  a  response;  his 
pulse  was  remarkably  feeble,  showing  a  won¬ 
derful  depression  of  the  heart’s  action;  it  was 
very  compressible;  in  all  the  fatal  cases  I  saw 
the  laces  were  congested,  livid,  purplish;  I  am 
familiar  with  the  use  of  jrelseminum;  when  I 
administered  it  to  Fred  Hinner  I  noticed  the 
peculiar  paralysis  of  the  upper  lids  of  the  eyes; 
that  was  the  only  effect  I  observed;  it  expelled-* 
temporarily  the  turgidity  of  the  face;  that 
was  only  momentary;  when  I  said  in  my  ex¬ 
amination  in  chief  that  the  administration  of 
yellow  jessamine  was  without  results,  I  meant 
beneficial  effects:  the  effects  I  noticed  was  a 
falling  of  the  eyelids,  and  a  temporary  blanch¬ 
ing  of  the  cheeks;  I  gave  him  only  thirty 
drops,  repeated  everv  four  hours. 

The  Court  here  adjourned  until  10  A.  M.  to¬ 
morrow. 

Among  those  present  to-day  were  Judge 
William  P.  Maulsbv  and  General  Shriver.  of 
Frederick  City;  Colonel  Fred.  Raiue,  editor 
of  the  German  Correspondent,  Baltimore;  Col. 
Brantz  Mayer,  Dr.  Edward  Warren,  of  Balti¬ 
more;  Major  H.  Ivyd  Douglass,  of  Hagerstown; 
P.  M.  Snowden  and  William  Fell  Giles,  Jr., 
of  Baltimore;  Judge  Pinckney  of  the  City 
Circuit  Court  of  Baltimore;  and  Col.  James 
Howard,  of  Baltimore. 


TMUnrY-SECON©  DAY. 

Annapolis,  January  11, 1872. 

The  State  has  thus  far,  in  Mrs.  Wharton’s 
trial,  examined  twenty-six  witnesses,  the 
Court  has  called  two  (Mrs.  Whartons  house  ser¬ 
vants),  and  the  defence  called  yesterday  their 
nineteenth  witness.  The  following  witnesses 
returned  summoned  for  the  State  have  not 
been  called,  namely:  Mrs.  Charles  Frick,  J. 
Gorham  Moale;  General  J.  H.  Eaton.  Mr. 
Zugg,  of  Washington;  T.  B.  Sargeant;  Colonel 
William  Myers.  Mr.  Latham,  of  Washington; 
General  George  H.  Steuart,  General  Donel- 
son,  the  Actuary  of  the  Girard  Life  Insurance 
Company,  of  Philadelphia;  J.  F.  Jones,  of 
Philadelphia;  General  L  Phillips,  Dr.  William 
T.  Howard,  Mr.  Gosman  (druggist);  George 
M.  Gill,  E.  O.  McNair,  S.  Eugene 
Poultney,  Henry  E.  Johnston,  Professor  P. 
B.  Wilson  and  Elias  Livezy.  The  list  of 
witnesses  for  the  defence  still  contains 
more  than  forty  names.  The  State  will,  it  is 
believed,  probably  occupy  two  days  in  rebut¬ 
ting, and  more  medical  and  chemical  testimony 
is  doubtless  in  store  on  the  vexed  questions 
which  this  trial  has  brought  to  the  surface. 

Mrs.  Wharton  appeared  ta-day  in  better 
spirits,  and  manifested  more  interest  in  the 
proceedings  than  she  has  shown  at  any  time 
during  her  trial.  Her  manner  is  still  very 


126 


THE  WHARTON-KETCHUM  TRIAL. 


calm,  but  she  seems  to  appreciate  that  the 
time  draws  near  when  a  jury  ot  her  countrs7- 
men  will  decide  the  momentous  question  of 
her  guilt  or  innocence. 

Dr.  Josiah  Simpson  was  first,  called  to-day, 
and  in  answer  to  Mr.  Thomas,  testified — I  am 
a  surgeon  in  the  United  States  army,  and  was 
commissioned  on  the  11th  of  July,  1837;  I  am 
now  in  charge  of  the  medical  post  of  Fort 
McHenry;  I  have  known  Mrs  Wharton  for 
twenty-nine  years;  I  first  met  her  at  Fort  Gib¬ 
son,  in  the  winter  of  1843;  her  husband  was 
then  stationed  there;  I  was  there  oh  and  on 
for  two  or  three  years:  I  have  met  Mrs  Wharton 
frequently  since,  and  knew  her  in  Baltimore; 
I  was  on  intimate  personal  and  profes¬ 
sional  relations  with  her  and  her  family;  I 
have  been  stationed  in  Baltimore  since  De¬ 
cember,  ’Gl,  except  for  a  year  in  Louisville, 
Kentucky;  I  have  never  known  anything  of 
Mrs.  Wharton  hut  what  was  perfectly  correct 
and  proper;  no  lady  stood  higher  in  my 
acquaintance;  I  never  heard  her  reputation 
for  amiability  and  humanity  impeached:  I 
read  last  evening  the  hypothetical  statement 
of  the  defence;  I  may  add  that  no  lady  en¬ 
joyed  a  higher  reputation,  and  among  the  bet¬ 
ter  class  of  officers:  I  see  in  examining  this 
statement  carefully  no  indication  of 
death  from  unnatural  causes;  my  conclusion  is 
that  his  death  was  from  natural  caases,  and  I 
see  nothing  in  the  symptoms  or  post  mortem 
examination  to  justify  me  in  any  other  con¬ 
clusion;  I  have  seen  in  children  the  effect  of 
an  overdose  of  tartar  emetic,  and  I  have  ex¬ 
perienced  the  effects  myself;  1  was  laboring 
with  acute  bronchitis,  and  took  it  as  medicine: 
I  commenced  with  a  sixth  of  a  grain,  and  in¬ 
creased  to  a  fourth,  and  then  to  a  half;  it  com¬ 
pletely  prostrated  me,  and  I  could  not  raise 
my  head  to  vomit:  that  occurred  at  Fort 
Hamilton,  but  I  don’t  remember  the  vear. 

Cross-examined  by  Mr.  Revell — I  entered  the 
army  from  New  Jersey;  1  cou  d  not  say  from 
this  hypothetical  statement  what  particular 
disease  the  patient  had;  I  never  saw  a  case  of 
cerebro  spiual  meningitis;  I  have  never  read 
the  books  attentively  on  the  subject:  I  have 
read  of  it,  however,  in  medical  journals,  and  I 
have  read  of  it  in  Reynolds’  Practice  of  Medi¬ 
cine;  1  never  read  Aitkin  on  the  subject:  I  have 
read  a  portion  of  the  article  in  Dr.  Wood’s 
work;  I  had  been  slightly  nauseated  from 
tartar  emetic  before  taking  the  last  dose:  I 
vomited  after  increasing  it  from  a  sixth  to  a 
half  of  a  grain:  I  became  prostrated  after  tak¬ 
ing  the  last  doses,  which  aggregated  three  or 
four  grains:  I  took  a-half  of  a  grain  every  two 
hours;  I  had  retching  before  1  had  the  vomit¬ 
ing;  alter  the  retching  ceased,  my  helplessness 
continued,  and  I  suppose  for  eighteen  or 
twenty  hours;  the  complete  prostration  lasted 
for  more  than  twenty-four  hours,  and  I  could 
not  have  gotten  from  my  bed  if  I  had  tried. 

Miss  Rosa  Potts  was  next  called  and  testi¬ 
fied— I  kuow  Mrs.  Wharton  very  well;  I  live 
in  Washington  and  am  the  daughter  of  Mr. 
John  Potts,  the  Chief  Clerk  of  the  War  De¬ 
partment;  I  knew  Mrs.  Wharton  in  Baltimore 
in  7863;  I  saw  her  every  day  when  I 
went  to  Baltimore,  and  I  ha  ve  visited  at  her 
house  several  times;  her  reputation  could  not 
have  been  higher  or  better  for  amiability, 


humanity  and  gentleness;  I  visited  her  at  he; 
house  in  Baltimore  last  May. 

To  Mr.  Revell— I  have  heard  so  many  per 
sons  speak  well  of  Mrs.  Wharton  prior  to  he: 
arrest  that  it  would  be  difficult  to  say  wbi 
did  not:  1  have  heard  General  David  Hunte: 
speak  of  her  in  the  highest  possible  terms;  . 
have  also  heard  General  Dyer,  Colonel  Chaf 
lin  and  Colonel  Dupont  speak  in  the  bes'. 
terms  of  her;  if  I  had  never  had  auy  opinioi 
I  in  regard  to  Mrs.  Wharton  I  would  give  tin 
same  opinion  I  have  expressed  from  what  1 
have  learned  of  her  character  from  others;  m3 
personal  knowledge  of  the  character  of  Mrs 
Wharton  has  nothing  to  do  with  the  testi 
I  ruony  I  have  given  as  to  her  character  by  rep 
utatiou. 

Mr.  Thomas  now  informed  the  witness  tba 
he  was  about  to  ask  her  a  question,  but  dii 
not  desire  her  to  answer  until  she  was  told  tc 
]  do  so.  He  then  proposed  to  her  the  followinj 
question  : 

From  your  knowledge  of  Mrs.  Wharton’f 
general  reputation  as  to  the  qualities  of  hu 
inanity,  kindness  and  amiability,  as  you  havi 
testified  to,  would  you  or  would  you  not  be 
lieve  her  capable  of  committing  the  crime  o: 
i  murder  ? 

Mr.  Revell  objected,  and  after  some  desul¬ 
tory  remake,  Miss  Potts  was  allowed  to  leavt 
the  stand,  and  it  was  agreed  among  counsel 
that  after  the  argument  of  the  question  she 
should  be  recalled  if  the  Court  decided  that 
the  question  of  Mr.  Thomas  was  a  proper  one 

Dr.  William  H.  Baltzell  was  here  recalled 
!  and  before  he  proceeded,  said  he  desired  to 
correct  his  remarks  of  yesterday  by  saying 
that  the  symptoms  and  treatment,  aud  not 
1  the  symptoms  and  post  mortem,  had  been  th< 
grounds  of  his  opinion  of  the  cause  of  the 
death  of  Geueral  Kotehum.  He  further  stated 
that  Dr.  Yeates’  case  was  in  1885,  and  Dr. 
Rostmver’s  in  1861. 

He  continued— I  still  have  no  idea  who 
handed  me  in  Baltimore  the  statement  of  the 
post  mortem;  I  remember  the  symptoms  stated 
I  remember  his  position  in  bed.  remaining  on 
his  6ide;  difficulty  in  using  his  legs 
and  also  red  marks  on  his  abdomen; 
I  considered  his  treatment  most  admirabl 
for  cerebro  spiual  meningitis  or  some  brain 
affection,  especially  the  chloral  and  yellow 
jessamine;  all  those  symptoms,  except  tin 
brain  difficulty,  would  be  present  in  tetanus 
I  have  seen  a  great  many  cases  of  tetanus,  ant 
the  mental  faculties  were  perfect  to  the  las 
moment  of  life;  delirium  was  mentioned  it] 
the  paper  I  saw  iu  Baltimore;  I  think  it  sail 
he  died  unconscious;  in  tetanus  the  patienl 
becomes  unconscious  only  a  few  moments  be 
fore  death;  1  gave.  Fred.  Hinner  yellow  jessa¬ 
mine  two  days  before  his  death;  after  tin 
second  visit  I  noticed  the  falling  of  tin 
eyelid;  the  momentary  blanching  of  the  cited 
showed  the  effect  upon  the  capillaries;  I  thinl 
the  falling  of  the  eyelids  continued  after  hi 
had  taken  the  third  dose:  I  had  three  easel 
last  year;  one  was  a  Mr.  Frank,  who  enlistee 
sailors;  he  was  about,  fifty-three  years  old;  tin 
next  was  a  German  woman,  named  Muller 
who  lived  on  Plum  street:  two  children  ant 
three  adults  recovered;  one  of  the  childrei 
lived  in  Henrietta  street  aud  one  in  Shari 


THE  WHARTON-KETCHUM  TRIAL. 


127 


reet;  one  adult  lived  in  Howard  street  near 
e  Depot,  one  in  Green  street,  and  also  one  in 
ill  street;  the  case  stated  in  tlie  hypothetical 
atetnenthas  the  appearance  of  a  semi-fulmi- 
int  case,  terminating  in  a  fulminant;  I  would 
y.  from  the  hypothetical  statement,  that  the 
sease  commenced  on  Monday  or  Tuesday, and 
ilminated  on  Wednesday;  these  hypothetical 
),ses  are  very  difficult  to  determine;  in  Eng- 
md  cerebro  spinal  meningitis  was  first 
riled  “Death  by  the  Grace  of  God;”  suppres 
on  of  the  urine  is  a  characteristic  symptom; 
ime  authors  consider  it  a  cause,  others  an 
fleet;  Dr.  Stille  has  compiled  an  admirable 
ook,  but  unless  he  has  seen  the  cases  he  cites 
have  no  confidence  in  his  statements  about 
iem;  I  say  bis  book  is  a  mere  compilation  of 
satisfies;  in  those  cases  he  has  seen  and  re- 
orted,  I  have  confidence  in  his  opinion;  I 
gree  with  Dr.  Stille  in  his  general  history  of 
ie  disease,  but  I  do  not  stgree  with  him  as  re- 
ards  the  fulminant  form;  the  headache  is 
resent  as  long  as  sensation  lasts.and  that  may 
ome  aud  go,  but  when  the  disease  becomes 
a  violent  as  to  paralyze,  the  patient  does  not 
Bel  the  headache;  paralysis  does  not  always 
ppear  in  its  semi-fulminant  form;  in  the 
ulminant  form  it  generally  sets  in  at  an  early 
tage:  hyperesthesia  of  the  skin  and  aBnesthe- 
1a  of  the  eye  may  exist  at  the  same  time;  yel- 
jw  jessamine  may  have  also  paralyzed  the 
all  of  the  eye  of  Fred.  Hinner;  he  did  not 
sel  my  finger-nail  on  his  eye-ball;  the  byper- 
sthesia  of  the  skin  would  not  make  the  eyes 
lore  than  usually  sensitive  to  light. 

To  Mr.  Syester — I  have  never  observed  a 
ase  of  the  fulminant  or  semi-fulminant,  form 
rhich  was  not  attended  with  suppression  of 
rine;  there  may  he  a  retention  of  the  urine 
nd  no  suppression;  I  ascertained  by  the  use 
f  the  catheter  that  there  was  a  suppression 
E  urine  in  my  cases;  after  the  neumograstric 
erve  is  paralyzed  the  patient  cannot  vomit, 
lad  a  speedy  death  follows. 

Mr.  Syester  here  asked  the  witness  if  he  had 
^pressed  the  opinion  that  General  K.  had 
[jed  from  cholera  morbus;  and  Mr.  Haguer 
bjected. 

After  some  brief  and  desultory  discussion, 
r.  Balzell  continued — I  have  never  expressed 
a  opinion  that  General  K.  died  from  any 
jisease  but  cerebro  spinal  meningitis,  but  I  at 
le  time  thought  that  the  incipient  stages 
ere  those  of  cholera  morbus;  the  condition 
1  paralysis  is  one  likely  to  occur  in  the 
dmimant  form  of  cerebro  spinal  meningitis. 
Mr.  Steele  here  read  from  page  1015  of 
itken,  as  to  the  proper  nomenclature  of 
rebro  spinal  meningitis,  and  its  difference 
pm  typhus  fever;  and  Dr.  Balzell  agreed 
ith  that,  author’s  opinion. 

Mr.  Steele  further  read  from  page  1013  of  the 
me  author;  and  the  witness  agreed  with  the 
'inions  there  expressed  as  to  the  epidemic 
laracter  of  the  disease. 

The  desired  legal  authorities  having  been 
plight  into  Court  and  the  medical  and  cheini- 
1  aufboritiesbeing  put  under  the  table  for  the 
tie  being,  Mr.  lievell  commenced  the  argu- 
pntof  the  legal  question  involved  in  the  in- 
rrogatorv  propounded  to  Miss  Potts  by  Mr. 
nomas.  He  contended  that  the  jury  was  the 
,ily  proper  tribunal  for  the  decision  of  the 


question  of  the  capability  or  incapability  of 
the  accused  to  commit  murder,  and  to  allow 
the  witness  to  give  her  opinion  would  be  to 
change  her  into  a  juror.  He  believed  that  the 
testimony  sought  to  be  introduced  was 
against  the  law,  and  the  reasons  upon  wffich 
the  law  was  founded. 

In  support  of  his  view  of  the  question  in¬ 
volved,  Mr.  Eevell  quo  ed  from  1st  Greeuleaf, 
sections  54  and  55;  Wharton  on  Homicide, 
pages  244  and  245:  and  1st  Phillip,  page  763. 

Mr.  Revell  said  he  had  authority  to  show 
how  far  the  inquiry  as  to  character  should  go, 
and  in  none  of  them  could  be  found  a  prece¬ 
dent  for  the  question  asked  of  Miss  Potts. 

Mr.  Hagner  said  the  counsel  for  the  defence 
had  raised  the  question  because  they  believed 
it  to  be  supported  by  law  and  precedent.  It 
was  settled  iu  the  books  that  a  witness  could 
be  asked  if  he  would  believe  an  accused  party 
on  his  oath,  and  the  question  before  the  Court 
was  analogous.  The  witness  was  not  being 
asked  as  to  the  question  of  guilt  or  innocence, 
but  only  from  her  knowledge  of  the  reputa¬ 
tion  of  the  accused  she  believed  Mrs.  Whar¬ 
ton  capable  of  committing  murder. 

Mr.  Hagner  here  referred  to  1st  Taylor,  325, 
note  A.  If  it  was  true,  as  contended  by  the 
State’s  Attorney,  that  the  question  was  an  in¬ 
novation,  he  still  believed  that  the  Court 
would  be  warranted  in  admitting  it.  Iu  29th 
Md." the  Court  of  Appeals  had  turned  down 
Greeuleaf  and  his  supporters  and  set  a  prece¬ 
dent. 

Mr.  Hagner  here  referred  to  the  trial  of 
Alexander  Davidson,  reported  in  31st  State 
Trials,  page  187,  who  was  charged  with  pecu¬ 
lation. 

Mr.  Plagner  next  referred  to  10  Cox,  Queen 
vs.  Kout,  pages  33  and  34;  5th  Cox,  page  284 
(reversed  by  the  decision  in  10th  Cox),  and 
Wills,  on  Circumstantial  Evidence,  page  131, 
margin,  153  of  the  top— as  to  the  correct  mode 
of  inquiry  into  character. 

Mr.  Thomas  said  that  the  authorities  quoted 
by  the  State  sustained  only  the  point  that 
general,  and  not  particular  traits  of  character, 
could  be  inquired  into.  If  the  counsel  for  the 
defence  had  asked  questions  only  as  to  the 
general  reputation  aud  character  of  the  ac¬ 
cused,  they  would  have  been  shown  to  have 
been  so  high  that  any  lady  in  Maryland  soci¬ 
ety  might  feel  proud  of  such  a  record;  but 
the  defence  had  chosen  to  limit  themselves  to 
questions  of  character  involving  only  the 
probability  or  improbability  of  the  capa¬ 
bility  of  Mrs.  Wharton  to  commit  the 
crime  with  which  she  was  charged.  The 
province  of  the  jury  was  not  invaded  by  the 
question,  but  the  question  was  only  designed 
to  guide  and  enlighten  them  in  making  up 
their  final  decision  of  her  capability  or  inca¬ 
pability  to  commit  the  murder  charged 
against  her. 

Mr.  Thomas  here  referred  to  No.  29  Md., 
page  198,  Knight  vs.  House. 

Mr.  Steele  said  the  objection  to  the  question 
had  been  put  upon  two  grounds:  First,  that 
it  was  unsupported  by  authorities,  and, 
secondly,  that  it  was  an  innovation.  The  de¬ 
fence  had  cited  the  decision  of  Lord  Ellen- 
borough,  and  he  did  not  suppose  that  his  de¬ 
cision  of  a  question  would  be  considered  an 


128 


THE  WHARTON-KETCHUM  TRIAL. 


innovation  upon  the  common  law.  The  ques¬ 
tion  of  character  could  not  be  brought  down, 
and  the  real  matter  reached  unless  the  wit¬ 
ness  was  asked  the  question  propounded.  In 
his  opinion,  upon  principle  and  upon  authority, 
the  question  was  a  proper  one. 

Mr.  Syester  said  the  question  asked  was  con¬ 
ceded  to  be  in  the  face  and  teeth  of  the  Court 
before  which  it  was  raised.  He  oelieved  there 
was  but  little  doubt  that  it  was  contrary  to  the 
decisions  of  every  Circuit  Court  of  Maryland. 
The  same  question  had  been  raised  last  spring 
in  the  Circuit  Court  for  Frederick  county,  in 
the  great  trial  of  Harry  Crawford  Black  for 
the  murder  of  Colonel  VV.  W.  McKaig,  but  was 
overruled  by  the  Court  with  but  little  hesita¬ 
tion.  No  Circuit  Court  of  Maryland,  as  far  as 
lie  knew,  had  ever  allowed  the  introduc¬ 
tion  of  such  testimony.  He  knew  of 
no  authorities  or  rules  of  law  which 
suflered  the  opinion  of  a  person  to  go  to  a  jury 
except  in  the  instances  laid  down  in  the  books, 
and  those  instances  are:  1st,  where  the  iden 
tity  of  a  person  or  handwriting  are  involved; 
2d,  where  questions  involving  subjects  not 
known  to  the  common  experiences  of  life,  as 
science,  &c.;  3d,  the  opiuions  of  subscribing 
witnesses  to  wills. 

Mr.  Syester  further  said  the  decision  in  29th 
Md.  presented  no  antagonism  to  the  opinions 
expressed  by  Mr.  Revell.  No  well  considered 
case  had  been  produced  upon  which  the  de¬ 
fence  could  rest  their  foundation  for  the  ques¬ 
tion,  and  even  the  elementary  books  were  in 
opposition  to  it.  The  defence  relied  on  a  sin¬ 
gle  case  in  31st  State  Trials.  From  that  case, 
and  that  alone.  Wills  had  gathered  his  text  as 
pa.  131.  But  in  that  case  no  objection  was 
raised.  No  point — no  argument.  It  was  not 
a  well  considered  case.  It  is  true  Lord  Ellen- 
borough  allowed  such  question,  but  at  the 
same  time  it  is  to  be  noted  that  he  also  asked 
the  question  whether  the  witness  thought  the 
accused  capable  of  committing  a  fraud.  Would 
any  Court  in  Maryland  allow  that  proof  ?  If 
it  were  competent  for  the  defence  to  rely  on 
such  evidence,  of  course  the  State  in  reply 
cou.d  do  the  same.  And  we  would  be  con¬ 
fronted  by  the  alarming  spectacle  of  the  State 
striking  down  the  liberties  and  lives  of  its 
people,  not  by  the  judgment  of  a  jury,  but  by 
the  opiuions  which  passion,  prejudice  and  un¬ 
merited  opprobrium  had  engendered  in  a  com¬ 
munity. 

At  the  conclusion  of  Mr.  Syester’s  argu¬ 
ment  Judge  Hammond  requested  Mr.  Thomas 
to  read  the  question  again,  and  Mr.  Thomas 
complied  with  the  reqnest. 

After  a  consultation  of  about  a  minute  the 
Chief  Judge  said  the  Court  was  clearly  of  the 
opinion  that  the  question  could  not  be  asked. 
The  question  was  certainly  an  innovation 
upon  the  practice  in  Maryland,  and  the 
Court  could  not  adopt  it  in  the  case  at  bar. 

Benjamin  B.  Hughes  was  next  called,  and 
testified— I  live  at  Bridgeport,  Montgomery 
county,  Pa.;  I  have  known  Mrs.  Wharton 
since  she  was  three  or  four  years  old;  I  lived 
within  half  a  mile  of  her  father’s  house;  I 
have  seen  much  of  her  since  1849;  I  knew  her 
before  her  marriage;  no  one’s  character  in  the 
community  stood  higher  than  Mrs.  Wharton’s 
particularly  for  amiability  and  kinduess;  her 


general  reputation  was  remarkable,  and  was 
spoken  of  by  the  neighbors  generally;  I  don’1 
remember  to  have  seen  her  after  1849  until  1 
saw  her  here. 

To  Mr.  Revell — At  that  time  I  lived  about 
a  half  mile  from  her;  she  was  married  in  1841: 
she  was  generally  more  kind  and  more  char¬ 
itable  than  the  other  neighbors;  very  few  it 
the  neighborhood  stood  as  high  as  she  did. 

Wm.  H.  Holstein  next  testified — I  have  re¬ 
sided  in  Montgomery  county,  Pennsylvania 
all  my  life;  I  lived  two  miles  northwest  from 
the  residence  of  her  father;  I  have  known  hei 
for  thirty-five  years;  her  reputation  was  good. 
very  good,  for  amiability,  humanity  and  gen¬ 
tleness;  I  have  known  her  from  the  time  she 
left  St.  Mary’s  Hall,  Burlington,  New  Jersey 
where  she  finished  her  education. 

To  Mr.  Syester — Mrs.  Wharton  left  mj 
neighborhood  soon  after  her  marriage,  thirty- 
one  years  ago;  five  or  six  years  after  her  mar¬ 
riage  she  returned  and  lived  there  some  twc 
or  three  years;  she  was  then  at  her  father’s 
house;  she  came  and  went  during  the  five  oi 
six  years;  she  repeatedly  returned,  but  not  tc 
make  a  permanent  stay. 

Colonel  James  Wallace  was  next  called,  and 
testified — I  am  a  lawyer  at  Cambridge,  Md.; 
I  have  lived  there  since  1840;  I  became  ac¬ 
quainted  with  Mrs.  Wharton  in  September, 
1861,  and  I  have  known  her  from  that  time  to 
the  present;  her  husband  was  sent  to  the 
Eastern  Shore  of  Maryland,  in  command  of 
the  Second  Delaware  Regiment;  she  camped 
with  him,  and  lodged  in  the  same  tent;  I  was 
in  company  with  him:  I  saw  her  almost  daily 
she  was  there  until  November,  1861;  I  saw  lie; 
afterwards  at  Drummondtown,  Va..  undei 
similar  circumstances;  she  was  there  dating 
the  winters  of  ’61-’62;  her  general  reputation 
for  kindness  and  amiability  was  equal  to  that 
of  any  lady  of  whom  I  have  ever  knewu  o: 
heard;  this  opinion  was  held  by  people  on  botl 
sides  of  the  controversy  then  in  the  country 

Mr.  Syester  objected  to  this  last  answer,  am 
after  some  brief  remarks  from  Mr.  Thomas 
the  Court  decided  that  her  general  reputatioi 
among  all  classes  could  he  testified  to. 

Colonel  Wallace  said  her  reputation  vi 
general,  and  was  not  confined  to  the  army 

General  George  H.  Steuart  next  testified— 
reside  in  Baltimore,  and  was  former]  v  in  t  h 
United  States  army;  I  kuew  Mrs.  Wharton 
fifteen  years  ago;  her  general  reputation  fo 
amiability,  humanity  and  gentleness  was  no 
exceptionable:  I  knew  her  first  at  For 
Kearney;  I  have  known  her  in  Baltimore  for  a 
little  over  five  years. 

General  Richard  C.  Drum  next  testified— 
am  a  Colonel  aud  Assistant  Adjutant,  Genera 
of  the  army;  I  am  stationed  at  present  ii 
Philadelphia:  I  have  known  Mrs.  Whartoi 
since  1851;  I  met  her  at  Fort  Kearney;  I  wai 
her  guest  four  or  five  days;  I  was  theu  onlj 
temporarily  at  that  nost;  I  met-  her  again  a 
Fort  Kearney  in  1855,  and  again  at.  Foil 
Leavenworth  in  1856  or  ’57;  I  have  not  me 
her  since;  her  general  reputation  for  amia 
bility,  gentleness  aud  humanity  was  uuex, 
cept-ionabl.v  good. 

To  Mr.  Syester— In  1851  my  proper  statio: 
was  at  Governor’s  Island,  and  I  took  out  rd 
cruits  to  Fort  Kearney;  I  heard  he 


THE  WHA  B  TON-KETCH  TIM  TRIAL. 


129 


character  then  spoken  of;  from  ’57  to  the 
present  time,  I  had  not  seen  her. 

General  Delos  B.  Sackett  next  testified — I 
am  Inspector  General  of  the  United  States 
army,  and  am  stationed  at  Philadelphia;  I 
have  known  Mrs.  Wharton  since  February, 
1847;  I  met  her  then  at  Fort  Gibson,  and  I  re¬ 
mained  there  for  about  fifteen  mouths;  I  have 
only  met  her  once  since,  and  that  was  in 
Wilmington,  Delaware,  in  18(34,  and  then  only 
for  a  few  moments;  her  reputation  could  not 
have  been  higher  for  amiability,  gentleness 
and  kindness. 

To  Mr.  Syester— I  only  lived  fifteen  months 
at  a  frontier  post  in  Mrs.  Wharton’s  neighbor¬ 
hood. 

Mrs.  Col.  Brantz  Mayer  testified— I  reside  in 
Baltimore;  I  have  known  Mrs.  Wharton  be¬ 
tween  nine  and  ten  years;  a  part  of  the  time 
1  lived  near  her,  and  she  has  been  my  near 
neighbor  a  long  time;  when  we  were  in  the 
same  street  our  houses  were  not  a  square 
apart;  our  families  were  very  intimate  in¬ 
deed;  her  general  reputation  for  amiability, 
kindness  and  gentleness  was  without  re¬ 
proach,  and  she  had  the  happy  faculty  of 
making  friends;  she  was  remarkable  for  her 
fidelity  to  her  friends;  I  saw  her  very  often, 
and  my  daughters  saw  her  almost  daily;  I 
had  a  full  opportunity  of  knowing  of  her  gen¬ 
eral  reputation,  and  everybody  spoke  well  of 
her. 

Miss  Mary  Mayer  testified — I  reside  in  Bal¬ 
timore,  and  am  the  daughter  of  Col.  Brantz 
Mayer;  I  have  known  Mrs.  Wharton  for  nme 
>r  ten  years,  and  very  intimately  for  six  or 
seven  years;  we  lived  at  one  time  on  the  same 
street;  I  visited  at  her  house  daily,  and  was 
very  intimate  with  her;  we  had  many  mutual 
icquaintances  and  friends;  her  general  repu¬ 
tation  for  amiability,  gentleness  and  kindness 
was  unexceptionable;  I  thiDk  she  was  eonsid- 
jred  a  most  self-sacrificing  woman. 

Mr.  Syester  objected  to  this  last;  answer, 
and  said  the  question  of  general  character  for 
amiability,  kindness  and  gentleness  was  the 
July  one  upon  which,  testimony  could  be 
riven.  After  some  desultory  discussion  the 
ZJourt  said  the  answer  that  Mrs.  Wharton 
was  a  “self-sacrificing  woman”  could  be 
riven,  but  that  the  statement  that  she  was 
‘remarkable  for  her  fidelity  to  her  friends” 
was  going  a  little  outside  of  the  rules  of  the 
.aw  on  the  subject. 

Mr.  Hagner  read  from  the  report  of  the 
31ack-McKaig  trial  iu  support  of  his  view 
hat  th‘e  question  was  a  proper  one,  and  read 
he  answer  to  a  similar  Question  propounded 
jy  Mr.  Syester  in  that  trial. 

Miss  Emily  Eccleson  testified— I  reside  in 
Cambridge, Md,:  I  became  acquainted  with  Mrs. 
Yhartou  in  September,  1871;  I  have  kept  up 
ny  acquaintance  with  her,  and  stayed  several 
lays  with  her  during  the  latter  part  of  last 
d arch:  I  never  heard  any  one  speak  of  her 
ixcept  in  praise;  I  saw  her  nearly  every  day 
’or  two  months  while  she  was  in  Cambridge, 
md  I  became  very  intimate  with  her. 

Frank  Henry  next  testified — I  reside  at 
Cambridge,  Maryland,  and  I  am  Clerk  of  the 
lounty  Court;  1  first  knew  Mrs.  Wharton  in 
he  fall  of  1801;  I  saw  her  frequently  both  at 
ay  house  and  in  camp;  she  made  a  great 


many  acquaintances  in  Cambridge;  I  know 
that  she  was  universally  admired;  I  never 
heard  her  spoken  of  exceptin  acomplimentary 
way;  I  never  heard  her  general  reputation  for 
kindness,  amiability  and  gentleness  discussed 
or  questioned. 

T.  T.  Martin  next  testified— I  reside  in  Bal¬ 
timore;  I  have  known  Mrs.  Wharton  since 
September,  1861:  Colonel  Wharton  encamped 
on  my  farm,  near  Cambridge,  Md.,  and  I  then 
made  acquaintance;  I  afterwards  saw  her  at 
Drummondtown,  Ya.;  I  have  known  her  ever 
since,  and  have  visited  her  occasionally;  I 
have  heard  a  great  many  express  their 
opinions  about  her:  her  reputation  was  the 
very  best  for  kindness,  humanity  and 
amiability;  she  was  spoken  of  by  every  one  in 
the  best  terms. 

Dr.  Burton  Randall  testified— I  am  on  the 
retired  list  of  the  United  States  Army  officers; 
I  first  knew  Mrs.  Wharton  at  Fort  Gibson  in 
1842;  I  was  there  four  years;  I  saw  a  great  deal 
of  Mrs.  Wharton  and  attended  her  family; 
she  was  there  during  the  four  years  I  was 
there;  her  reputation  was  very  good  for  kind¬ 
ness,  amiability  and  gentleness;  her  reputa¬ 
tion  was  very  good  for  affection;  I  saw  her  for 
a  few  hours  about  twelve  years  ago  in  Phila- 
delphiaat  ahotelasl  was  passing  through  that 
city. 

Benjamin  F.  Price  testified— I  have  resided 
in  Baltimore  eleven  years  and  am  a  member 
of  the  bar;  I  have  known  Mrs.  Wharton  about 
nine  years;  I  think  I  made  her  acquaintance 
iu  the  fall  of  1862;  her  reputation  was  espe¬ 
cially  good  for  kindness,  amiability  and  hu¬ 
manity. 

Colonel  Frank  M.  Etting  testified— I  reside 
in  Philadelphia,  and  am  a  member  of  the  bar; 
I  was  in  the  army  from  the  commencement  of 
the  war,  and  resigned  a  year  ago;  I  have 
known  Mrs.  Wharton  eight,  or  nine  years;  I 
have  known  her  family  intimately,  and  was 
much  thrown  with  her,  her  family  and  sur¬ 
roundings,  for  five  years  while  I  was  stationed 
at  Baltimore;  I  think  kindness  and  amiability 
would  have  been  always  mentioned  as  two  of 
her  prominent  characteristics. 

To  Mr.  Syester — I  am  a  lawyer  in  Philadel¬ 
phia,  and  have  do  other  occupation  there. 

General  Winfield  S. Hancock  was  next  called, 
and  testified— I  am  a  Major  General  in  the 
United  States  army,  and  now  reside  at  St. 
Paul,  Minnesota:  I  know  Mrs.  Wharton  quite 
well;  I  think  I  first  knew  her,  in  1842  or  1844; 
I  do  not  recollect  which  of  those  years;  I  have 
seen  her  quite  frequently  since'  that  period; 
for  the  exercise  of  amiability,  kindness  and 
humanity,  she  was  always  admired  by  all 
I  ever  heard  speak  of  her  without  exception; 
knew  Colonel  Wharton  very  well,  and  was  in 
the  same  regiment  for  sixteen  years;  he 
served  on  my  staff  for  about  a  year;  I  knew 
his  family  quite  well  in  the  army  and  out  of 
it;  they  came  from  my  own  county.  Montgom¬ 
ery  county,  Pennsylvania;  my  father  lived 
about  four  miles  from  her  father’s  residence; 
I  knew  of  her  before  I  met  her  in  the  army;  I 
had  not  seen  her  since  1866,  before  seeing  her 
here;  I  am  now  commanding  the  Military  De¬ 
partment  of  Dakotah. 

Mr.  Reveil— General  Hancock  we  are  very 


130 


THE  WIIA R TO N- KETCH UM  TRIAL. 


glad  to  have,  seen  you  and  have  no  questions 

t0The  ^Chief  Judge  then  shook  hands  with 
General  Hancock,  and  expressed  his  gratifica¬ 
tion  at  having  met  him.  The  Court  then  ad¬ 
journed  until  10  A.  XL  to-morrow. 

The  attendance  to-day  was  large  have  inter¬ 
est  in  the  trial  seems  to  have  revived,  ihe 
attendance  of  ladies  was  especially  large,  and 
they  will  doubtless  attend  in  large  numbers 
until  the  trial  closes. 


TESlRTY-'FlIiRB>  WAY. 

Annapolis,  January  12, 1872. 

The  increased  attendance  on  yesterday 
upon  Mrs.  Wharton's  trial  shows  that,  popu-  I 
lar  interest  and  feeling  still  centres  strongly  j 
in  her  case.  Notwithstanding  the  protraction  I 
of  the  proceedings  (unprecedented,  doubtless,  j 
iu  the  histoiy  of  criminal  prosecutions  in 
Maryland),  and  the  tedium  which  accom¬ 
panied  a  great  part  of  the  testimony,  both  for 
the  State  and  the  defence,  it  is  evident  that 
as  the  end  draws  near  popular  interest  is  mi- 
abated.  There  is  too  much  of  a  sensational 
character  surronnding  and  underlying  the 
charges  against  Airs.  Wharton,  both  in 
the  ease  at  bar  and  the  minor  charge 
of  the  attempted  murder  of  Mr.  Eugene 
Vau  Vess,  to  permit  popular  feeling,  even  in  ; 
the  event  of  conclusions  as  to  her  guilt  or  in-  | 
nocence.  to  be  lessened  except  temporarily, 
and  the  latter  days  of  the  great  trial  will,  no  I 
doubt,  be  more  significant  than  were  the  first, 
of  the  eagerness  and  anxiety  of  the  public. 
For  the  first  time  in  the  history  of  Maryland 
has  a  woman  of  Mrs.  Wharton’s  social  rank  j 
and  antecedents  been  called  to  answer  the 
charge  of  murder,  and  there  naturally  gathers 
around  the  prisoner  a  feeling  deep  in  all  its 
currents,  and  earnest  in  its  every  expression.  ; 
It  cannot  be  forgotten  that  the  life  of  a  woman  i 
is  at  stake,  and  that  in  a  brief  time  the  momen¬ 
tous  question  of  her  guilt  or  innocence  will  be 
solemnly  submitted  for  final  decision.  There 
is.  too,  so  much  of  uncertainty  always  attend¬ 
ing  atrial  by  jury  that  the  idea  ol  a  human 
life  depending  upon  the  opinions  of  twelve 
men  is  at  once  sufficient  t.o  awaken  fear  and 
excitement. 

As  far  as  can  bo  judged.  Mrs.  Wharton  is 
to-day  as  calm  and  resigned  iu  manner  and 
feeling  as  when  the  officers  of  the  law  first 
announced  to  her  that  she  was  a  prisoner. 
There  has  been  uothing  in  her  manner  during 
the  whole  trial  to  show  that  she.  was  agitated 
by  anything  that  occurred  and  was  uttered 
by  the  Court  or  couusel.  She  is,  however, 
by  no  means,  listless,  but  at  times  mani¬ 
fests  considerable  interest  and  converses 
quietly  with  those  around  her.  Her  patience, 
too,  is  remarkable,  and  she  shows  less  weari¬ 
ness  than  those  who  accompany  her.  It  is 
known  that  Mrs.  Wharton  has  shown  but  little 
feeling  against  her  accusers  and  prosecutors, 
and  her  conduct  iu  this  regard  has  been 
unusually  free  from  resentment.  Iudeed,  not 
the  least  remarkable  phase  of  the  case  has 
been  Mrs.  Wharton’s  freedom  from  those  feel- 
iugs  which  might  be  naturally  expected  to 


find  expression  from  a  lady  who  considered 
herself  the  victim  of  a  false  prosecution.  She 
has  contented  herself  with  a  calm  expression 
of  her  entire  innocence,  and  hasnot  seemingly 
shared  in  thev  feelings  of  some  of  her  friends 
who  deeply  sympathize  with  her. 

Mrs.  J.  Crawford  Neilson  was  first  called 
to-day,  and  testified:— I  reside  in  Harford 
county  in  the  summer,  and  in  Baltimore  iu  the 
winter:  I  have  known  Mrs.  Wharton  eight  or 
nine  years  intimately:  our  lamilies  have 
been  as  intimate  as  families  could  pos¬ 
sibly  be;  she  has  always  been  spoken  of 
as  possessing  in  the  highest  degree  kind¬ 
ness,  amiability  and  gentleness:  I  would 
be  glad  to  say  to  the  jury  what  I  know  per¬ 
sonally  of  her;,8hewa8  intimate  with  Gen. 
Ketckum,  and  very  kindly  disposed  towards 
him,  as  he  was  towards  her;  he  preferred  to  be 
in  her  honse  in  case  of  sickness  or  trouble  to 
any  other;  I  came  up  from  Washingtou  last 
February  w  ith  General  K.;  just  before  leaviug 
he  was  very  uneasy  about  a  bottle  of  medicine, 
and  felt  in  his  pockets  for  it:  he  found  it,  and 
said  he  would  not.  have  been  willing  to  have 
left  Washington  without  it;  he  said  lie  was 
not  fond  of  doctors,  and  preferred  to  drink 
his  medicine  from  the  bottle;  I  have  been 
with  Mrs.  Wharton  constantly,  arid  with  her 
associates  constantly  during  the  last  eight  or 
j;iue  years,  and  have  had  abundant,  oppor¬ 
tunities  of  knowing  of  her  reputation  and 
character.  Mrs.  Neilson  gave  her  testimony 
in  a  very  earnest  manner,  and  evidently  de¬ 
sired  to  be  allowed  to  say  more  for  her  cher¬ 
ished  friend. 

Mi  ss  Martha  Stump  next  testified — I  am  the 
daughter  of  Mr.  Hamilton  Stump,  and  reside 
in  Baltimore  county;  I  have  known  Mrs. 
Wharton  intimately  for  six  years;  I  have 
known  her  as  well  as  it  was  possible  to  know 
any  one;  I  have  visited  at  her  house  during 
the  winter  and  have  travelled  writh  her 
during  the  summer;  I  have  had  every  oppor¬ 
tunity  of  judging  of  her  character  and  Know¬ 
ing  her  reputation;  she  possessed  the  reputa¬ 
tion  for  kindness,  amiability  and  gentleness, 
to  a  greater  degree  tnan  any  one  I  know;  she 
had  the  reputation  of  possessing  them  in  a  re¬ 
markable  degree;  my  father  is  President  of 
the  George’s  Creek  Coal  Company  of  Balti¬ 
more. 

J.  Crawford  Neilson  next  testified — I  reside 
in  Harford  county,  but  my  time  is  spent  iu 
Baltimore;  I  have  known  Mrs.  Whartou  very 
well,  indeed,  for  at  least  eight  years,  and  our 
families  have  been  extremely  intimate;  I 
have  had  unusual  opportunities  forjudging  of 
her  character  and  knowing  her  reputation;  I 
have  met  old  acquaintances  of  Mrs.  Wharton 
who  spoke  to  me  of  her  character  for  thirty 
years  back;  for  kind-hearteduess.  amiability 
and  Christian  charity  her  reputation  was 
such  as  very  few  women  have  ever  enjoyed; 
it  was  as  high  as  it  could  be. 

Dr.  Abram  Claude  next  testified — I  reside  in 
Annapolis  and  I  have  been  thirty  years  en¬ 
gaged  iu  the  practice  of  medicine;  I  am 
the  Professor  of  Natural  Sciences  at  St.  John’s 
College;  I  had  charge  of  some  wards  in  the 
United  States  hospitals  here  during  most  of 
the  war;  they  were  large  hospitals  and  I 
sometimes  had  200  patients;  I  heard  the  testi- 


THE  WHARTON-KETCHUM  TRIAL. 


131 


rnony  (>f  Drs.  Miles,  Chew  and  Williams;  1 
would,  from  General  Keteli urn’s  symptoms 
and  the  post  mortem  revelation,  ascribe  lus 
death  to  rather  a  natural  than  anon-natural 
cause;  I  am  acquainted  to  some  extent  with 
cerebro  spinal  meningitis;  it  prevailed  here  in 
the  winter  and  spring  of  ’63  sufficiently  to 
be  called  an  epidemic;  I  saw  a  good 
many  cases  then;  I  have  seen  since  sporadic 
cases;  I  don’t  remember  to  have  seen  any  case 
very  recently;  in  describing  the  symptoms  of 
the  disease  the  authors  describe  them  as  they 
are  grouped,  as  no  case  presents  the  same 
symptoms;  hyperesthesia  is  often  a  symptom 
of  cerebro  spinal  meningitis;  I  observed  the 
insensibility  of  the  eyes  to  light;  if  I  were  to 
select  any  one  symptom  as  characteristic  of 
the  disease  I  should  think  the  rigidity  of  the 
muscles  of  the  back  and  neck,  and  the  throw¬ 
ing  back  of  the  head;  if  I  saw  a  disease  wit'' 
those  symptoms  cerebro  spinal  meningitis 
would  be  at  once  suggested  to  m  mind;  the 
rigidity  and  spasms  may  be  extended  to  theex- 
tremities;  the  pupil  is  generally  insensitive  to 
light,  changing  its  size  as  the  light  is  thrown 
on  it  or  withdrawn;  in  one  case  I  saw  one  eye 
was  contracted,  and  the  other  dilated;  in  a 
case  which  I  recall  one  half  of  the  body  was 
cold,  and  the  other  warm;  I  have  seen  a  pu¬ 
pil  unequally  expauded;  some  cases  were 
ushered  in  like  cases  of  choleru;the  first  case  I 
ever  saw  ended  in  three  hours  after  1  saw  it; 
in  that  case  there  was  great  vomiting  and 
purging  with  coma, rigidity, stertorous  breath¬ 
ing,  and  the  pupil  not  changing  when  ex¬ 
posed  to  light;  1  did  not  recognize  the  case 
when  I  first  saw  it;  there  were  some  few  spots 
about  the  face  and  chest,  and  had  increased 
in  size  and  number  when  he  died;  they  were 
not  post  mortem,  but  such'  as  accompany  cere¬ 
bro  spinal  meningitis;  different  cases  have 
different  groups  of  sj-mptoms;  most  of  the 
cases  I  saw  were  those  of  colored  persons, 
but  the  first  case  I  saw  was  that 
of  a  young  white  man;  there  is  generally  some 
c-urviture  to  one  side  or  the  other;  there  was 
retention  of  urine  in  some  cases;  the  catheter 
had  to  be  used  for  a  week  iu  one  case;  there 
was  nothing  so  remarkable  about  the  tongue 
as  to  impress  itself  on  my  memory;  in  most 
cases  there  were  indications  of  discomfort 
manifested  by  more  or  less  restlessness;  that 
may  have  been  more  or  less  a  voluntary  act; 
in  some  case  s  there  is  delirium  and  even  talka¬ 
tiveness;  there  were  evidences  of  venous  en¬ 
gorgement;  oue  to  the  changes  of  the  blood 
from  venous  to  arterial;  I  am  familiar  with 
tartar  emetic  as  a  medicine  and  have  used  it 
very  much  internally  since  1  have  been  a  phy¬ 
sician;  it  is  used  externally  as  a  counter  irri¬ 
tant;  I  sf  ill  so  use  it  and  would  dislike  very 
much  to  have  to  abandon  it;  it  has  been  at  one 
time  very  popular,  but  there  are  tides  in  the 
popularity  of  medicines  as  in  the  affairs  of  men; 
the  estimation  of  a  medicine  fluctuates,  and 
does  not  find  its  true  level  until  the  fluctua¬ 
tions  have  been  long  and  constant  enough;  I 
have  never  seen  a  fatal  case  of  tartar  emetic 
poisoning;  from  mv  reading  and  experience  I 
should  expect  to  find  firstnausea  and  vomiting, 
, then  the  pulse  reduced  in  frequency  and  force, 
muscular  relaxation,  possibly  some  purging, 
but  not  necessarily;  1  should  not,  from  my 


|  personal  observations,  expect  convulsion  or 
i  rigidity;  increased  secretions,  generally  by 
!  the  lungs,  kidneys  and  skin,  especially  from 
j  the  skin,  kidneys  and  mucous  membrane  of 
the  lungs;  iu  medicinal  doses  it  produces 
pallor,  and  in  large  doses  lividity  would 
j  ensue  from  its  sedative  action  upon  the  heart 
j  and  circulation;  I  never  saw  any  effect  upon 
j  the  coat  of  the  mouth,  but  that  would 
j  depend  upon  how  it  was  administered,  whether  i 
(or  not  in  solution;  I  have  been  tasting  it 
!  for  years  and  it  never  produced  any  soreness 
j  about  mv  mouth  or  tongue:  it  is  my  inference 
that  if  General  Ketchum  had  taken  a  poison¬ 
ous  dose  of  tartar  emetic  he  could  not  have 
gotten  up  and  walked  down  stairs;  I  have 
seen  great  prostration  from  medicinal  doses; 

I  have  never  seen  an  autopsy  of  a  person  who 
had  died  from  tartar  emetic  poisoning;  I 
should  expect  to  probably  meet  with  some 
irritation  aud  inflammation, and  in  some  cases 
ulceration  of  the  intestinal  canal;  congestion 
or  engorgement  of  the  lungs  would  be  found 
where  death  had  been  immediately  preceded 
by  convulsions;  in  cases  of  pneumonia  the 
medicine  is  given  because  of  its  pulmon 
arv  action;  a  man  may  die  from 
natural  causes  aud  the  post  mortem 
iail  to  reveal  them;  it  is  com¬ 
mon,  and  it  is  true,  particularly  of  dis¬ 
eases  affecting  the  nervous  apparatus;  lock¬ 
jaw,  for  instance,  affects  a  certain  part  of  the 
nervous  system,  and  there  is  no  change  of 
structure  or  lesion  to  he  found  after  death  to 
account  for  the  diseases.  [Dr.  Claude  then 
went  on  at  some  length,  and  stated  how  poi¬ 
sons  were  generated  in  the  blood.] 

He  continued — I  consider  abrasions  of  the 
skin  might  be  earned  by  any  feeling  of  dis¬ 
tress;  I  think  in  General  Ketchum’s-case  it  was 
for  the  want  of  air,  and  I  do  not  think  it 
necessarily  indicated  pain;  apoplexy  would 
not  necessarily  leave  a  clot  of  blood  upon  the 
brain;  General  Ketchum  could  not  have  been 
in  good  health  if  he  required  the  medicines 
prescribed  by  Dr.  Norris,  of  Washington;  I 
should  think,  from  the  symptoms  at  10  A.  M. 
Wednesday,  it  mattered  very  little  what  was 
done  for  General  K.  after  that  time,  and  I 
consider  that  he  was  at  that  time  laboring 
under  a  mortal  disease,  which  steadily  pro¬ 
gressed  u n  to  the  time  of  his  death;  1  do  not 
j  mean  to  say  that  those  around  him  did  not 
think  he  was  improved  by  the  medicines 
|  given  him  after  that  time;  the  administration 
:  of  the  yellow  jessamine  and  the  application  of 
'  the  ice  appeared  to  improve  him,  but  as  I  ua 
derstand  the  case  the  important  symptoms 
were  never  removed,  and  his  death  was  but 
the  culmination  of  the  fatal  causes  under 
which  he  was  laboring;  the  last  dose  did  not 
have  any  important  effect,  if  any,  m  hasten¬ 
ing  the  termination  of  the  case;  in  my  opin¬ 
ion  he  would  have  died  without  regard  to 
what  was  given  him  after  10  A.  M.  Wednes¬ 
day;  I  don’t  think  the  absence  of  lesions  indi¬ 
cates  anything;  the  best  mode,  in  my  opinion, 
of  aualizing  this  case  is  to  revert  it  and  go 
from  the  post  mortem  to  the  inception  of  the 
attack;  the  three  great  functions  cannot  cease 
for  any  length  of  time  without  death  follow¬ 
ing,  and  all  causes  of  deatli  must  affect  one  or 
the  other  of  these  functions;  in  General  K.’s 


132 


THE  WHARTON-KETCHUM  TRIAL. 


case  tlie  death  seems  to  have  resulted  from  the 
effect  upon  the  functions  of  inervation;  arti¬ 
ficial  poison  must  produce  death  by  its  opera¬ 
tion  on  some  of  the  of  the  organs,  and  must 
leave  evidences  after  death;  I  am  not  an  an¬ 
alytical  chemist,  but  I  have  made  chemistry 
my  study;  I  teach  chemistry,  but  not.  analyti¬ 
cal  chemistry;  I  can’t  say  that  I  have  studied 
chemistry  thoroughly. 

Objection  being  made  by  the  State  to  Dr. 

*  Claude’s  being  allowed  to  give  his  opinion  as 
a  chemist  of  the  analyses  of  Profs.  Aibin 
and  Tonry,  the  Court  decided  that  it  had 
not.  been  shown  that  he  possessed  sufficient 
knowledge  and  experience  to  entitle  him  to 
be  considered  an  expert,  and  that  therefore 
his  opinion  could  not  be  given. 

To.  Mr.  Syester — I  have  not  said  that  my 
conclusion  was  that  General  K.  bad  died  of 
cerebrospinal  meningitis:  I  am  not  prepared 
to  say  positively  and  decidedly  what  was  his 
disease;  I  can’t  say  bow  many  eases  of 
cerebro  spinal  meningitis  have  fallen 
under  my  observation,  but  I  think  about 
twenty;  a  considerable  number  of  the 
cases  I  saw  were  fatal;  I  should  say  it  was  at 
one  time  epidemic  in  Annapolis,  in  1862;  we 
had  then  a  great  number  of  troops  encamped 
here;  there  was  a  great,  deal  of  hauling  by 
mule  teams,  and  the  roads  were  nearly  im 
passable;  the  cases  were  not,  however,  con¬ 
fined  to  sections  most  cut  up  by  the  wagons; 
I  do  not  recognize  any  forms  of  the  disease  as 
a  difference  of  the  disease:  it  is  all  one  dis¬ 
ease;  the  term  fulminant  conveys  to  my  mind 
only  the  idea  of  its  sudden  invasion  and 
rapidly  fatal  termination;  the  first  case  I  sa  w 
occurred  with  vomiting  and  purging,  and  I 
had  some  suspicion  of  poisoniug;it  was  proved 
afterwards  by  the  occurrance  of  other  cases 
to  be  one  of  cerebro  spinal  meningitis;  I  think 
Gen.  K’.s  case  might  be  called  of  the  ful¬ 
minant  form;  my  theory  is  that  cerebro  spinal 
meningitis  is  the  result  of  a  poison;  I 
cannot  say  positively  whether  Gen.  K’.s  case 
was  of  the  inflammatory  or  fulminate  form; 
in  my  cases  the  chill  was  not  a  prominent 
symptom;  I  can’t  say  it  was  present  at  all;  I 
was  once  poisoned  with  copper,  and  the  first 
symptom  I  had  was  a  chill;  all  who  ate  of  the 
food  from  the  same  copper  kettle  had  the 
chill  as  the  first  symptom  of  the  poisoning;  I 
Lave  never  seen  but  one  case  of  lockjaw  from 
natural  causes;  I  have  seen  two  cases  of  t.fv 
tanus:  the  nervous  centres  may  be  disturbed 
by  either  natural  or  unnatural  causes,  and  no 
post  mortem  lesions  be  discoverable;  I  incline 
to  the  opinion  that  General  Ketchum  died 
from  a  natural  cause,  but  I  am  not  able  to 
say  what  was  that  cause;  the  effects  upon  the, 
pupils  of  the  eye  in  the  cases  of  cerebro  spinal 
meningitis  which  I  saw  were  very  various;  I 
do  not  know  that  there  was  in  any  of  my 
cases  no  change  in  the  pupils  of  the  eyes;  I 
have  noticed  the  open  and  staring  expression 
of  the  eyes;  it  is  not  a  constant  symptom; 
there  is  no  one  certain  symptom  which  would 
enable  me  to  diagnosize  the  disease;  I  do  not 
remember  to  have  seen  the  open  and  staring 
expression  of  the  eye  before  a  convulsion  had 
set  in;  that  expression  of  the  eye  would  not. 
indicate  to  me  the  presence  of  the  disease,  if 
unaccompanied  by  other  symptoms;  there 


may  be  suppression  of  the  urine  at  one  stage 
of  the  disease  and  not  at  another;  I  did  not 
test  the  urine,  and,  of  course,  caunot  say  that 
it  was  albumenous;  I  do  not  remember  to  have 
seen  hyperesthesia  in  all  the  cases  I  attended, 
or  in  the  majority;  cases  of  tartar  emetic 
poisoning  without  lesions  are  described;  tartar 
emetic  has  a- very  decided  taste  to  me;  it  first 
tastes  sweetish,  then  bitingor  peppery,  or  what 
is  ordinarily  described  as  metallic;  the  taste  is 
persistent:  a  man  who  had  takeu  an  overdose 
of  strychnia  might  move  abont  for  a  time, 
but  the  effects  of  tartar  emetic  are  quite  dif¬ 
ferent;  it  prostrates  the  muscular  system 
without  exciting  it  as  strychnia;  a  party 
might  take  a  medical  dose  of  tartar  emetic 
|  and  yet  get  up  and  walk  downstairs;  what 
would  prostrate  one  man  would  not  prostrate 
other;  a  man  might  take  a  dose  of  tartar 
emetic  and  vomit  and  purge  from  its  effects, 
and  yet  not  be  prostrated;  it  is  recorded  that 
tlie  par  vagum  nerve  was  cut  from  the 
stomach  of  an  animal,  and  that  afterwards 
whenever  anything  was  introduced  into  its 
stomaeh  it  was  vomited  up;  I  don’t  think  I 
,  ever  observed  hyperesthesia  of  the  skin  more 
than  once,  and  that  was  in  a  case  of  spinal 
meningitis— not  cerebro  spinal  menin¬ 

gitis:  it  was  not  general,  but  was  confined  to 
the  lower  extremities;  the  patient  was  per¬ 
fectly  conscious;  he  did  not  abrade  his  skin;  I 
think  General  K'-telinm’s  abrasions  of  his  skin 
even  after  he  had  said  the  pain  was  in  Lis 
stomach,  were  due  more  to  his  want  of  air 
than  to  liis  pains;  I  think  if  an  overdose  of 
tartar  emetic  was  in  a  concentrated  solution 
nr  in  a  powder  it  would  probably  produce  a 
burning  sensation  about  the  throat  and  sto¬ 
mach  of  the  patient:  I  can’t  say  whether  or 
not,  an  overdose  of  tartar  emetic  would  have 
caused  General  Ketchum  to  abrade  his  skin;  I 
suppose  any  poison  may  cause  convulsions. 

Mr.  Syester  now  read  from  the  18th  vol¬ 
ume  of  the  London  Medical  Gazette,  edition  of 
1856,  page  7,  a  case  of  antimonial  poisoning, 
and  Dr.  Claude  said  he  had  had  no  such  case 
and  could  not  express  any  opiuiou  from  per¬ 
sonal  knowledge,  and  that  all  he  could  say 
was  that  from  his  reading  he  would  not  have 
expected  such  symptoms.  Mr.  Syester  then 
proceeded  to  read  from  the  same  work  of  the 
symptoms  of  Cook,  who  was  poisoned  l>y  Pal¬ 
mer  with  strychnia,  but  Mr.  Hagner  objected, 
and  said  it  was  not  a  statement  of  Cook’s 
symptoms.  He  thought  it  was  an  attempt  to 
give  the  facts  in  Cook’s  case  in  the  guise  of 
cross-examination,  and  said,  the  statement 
proposed  to  lie  read  had  no  authoritative  au¬ 
thenticity,  aud  did  not  rise  to  the  dignity  of 
a  medical  treatise.  He  had  never  known  a 
book  of  such  a  character  to  be  allowed  to  be 
quoted  from  as  an  authority. 

Mr.  Steele  said  the  wi  ness  should  be  asked 
if  the  authority  offered  was  a  good  one. 

Mr.  Syester  said  he-  had  his  notions  abont 
medical  books,  and  he  knew  that  it  was  easy 
to  get  almost,  any  statement  into  the  books, 
and  it  was  often  done  b.v  ambitious  and  not 
over  careful  physicians.  Ho  then  referred  to 
Taylor,  and  found  that  he,  in  his  work,  which 
had  been  over  and  over  cited  in  this  case,  re¬ 
ferred  at.  some  length  to  the  very  case  about 
which  he  had  proposed  to  read  from  the  Lou- 


THE  WHARTON-EETCHUM  TRIAL. 


133 


don  Medical  Gazette.  Mr.  Syester  then  -went 
on  to  comment  upon  the  manner  in  wjhich 
cases  were  introduced  into  medical  works. 

After  some  other  discussion  Mr.  byester 
waived  the  authority,  and  said  he  would  not 
insist  upon  its  being  read. 

Dr.  Claude  continued — In  medicine  we  must 
have  a  great  many  eases  concurring  and  es¬ 
tablishing  the  truth  of  the  disease;  apoplexy 
may  occur  from  an  increased  quantity  of 
blood  in  the  blood  vessels  and  without  any 
rupture  of  those  vessels;  a  death  may  occur 
with  all  the  symptoms  of  apoplexy  and  with¬ 
out  rupturing  a  blood  vessel;  I  say  this  on  the 
authority  of  Andral,  who  I  regard  as  high  as 
any  authority  in  the  world;  I  do  not  know 
that  he  speaks  of  having  used  the  microscope; 
in  passive  congestion  of  the  brain  the  veins 
are  fall  of  blood;  in  active  congestion  of  the 
brain  the  blood  is  propelled  too  much  into  the 
arteries  of  the  brain. 

Mrs.  Samuel  L.  Smith  was  next  ca’led,  and 
testified — I  reside  in  Baltimore,  and  I  have 
known  Mrs.  Wharton  quite  well  for  six  or 
seven  years;  she  has  the  reputation  of  being 
an  upright  and  religious  woman;  her  reputa¬ 
tion  has  always  been  very  good  for  amiability, 
kindness  and  humanity;  I  am  a  daughter  of 
Thomas  W.  Levering;  I  think  Mrs.  Wharton 
was  kinder  than  most  persons,  and  more 
charitable  than  most  persons. 

To  Mr.  Revell— I  associated  with  some  of 
Mrs.  Wharton’s  acquaintances,  but  I  cannot 
say  how  many;  I  have  heard  some  of  them 
express  an  opinion  such  as  I  have  expressed  be¬ 
fore  her  arrest;  I  talked  to  Mrs.  Neilson  fre¬ 
quently  last  fall  about  Mrs.  Wharton;  I  talked 
with  her  also  before  Mrs.  Wharton’s  arrest. 

Mr.  Steele  now  asked  the  witness  if  she  had 
ever  heard  that  Mrs.  Wharton  was  very  kind 
to  Confederate  prisoners. 

Mr,  Revell  objected,  and  the  Court  sus¬ 
tained  the  objection. 

Rev.  Dr.  George  Leeds  was  next  called,  and 
testified— I  reside  in  Baltimore,  and  have 
been  rector  of  Grace  P.  E.  Church  since  1867; 
I  have  known  Mrs.  W’harton  very  well  for 
the  past  four  years,  and  she  is  a  communicant 
in  my  church;  so  far  as  I  ever  heard  there  was 
no  blemish  upon  her  good  name  for  kind:. ess, 
humanity  and  amiabi  lity;  she  was  above  criit- 
cism  as  far  as  I  have  known. 

To  Mr.  Syester — I  can’t  say  I  have  heard  her 
spoken  of  frequently:  she  has  been  in  affliction 
nearly  ever  since  I  knew  her;  I  visit  and  as¬ 
sociate  with  her  acquaintances,  and  from 
their  lips  I  have  heard  but  one  testimony,  and 
that  was  in  her  favor;  that  was  long  before 
her  arrest;  the  time  I  particularly  refer  to  was 
a  year  ago  la9t  summer. 

Gen.  Charles  W.  Field  was  next  called,  and 
testified— I  reside  in  Baltimore;  I  was  an  offi 
cer  of  the  old  army  from  T9  to  ’61;I  was  a  Major 
General  in  the  Confederate  army;  I  have 
known  Mrs.  Wharton  since  December.  1849, 
and  first  met  her  at  Fort  Leavenworth;  I  was 
not  in  the  same  regiment  with  her  husband; 
I  was  in  the  dragoons,  and  he  was  in  the  in¬ 
fantry;  I  met  Mrs.  Wharton  again  at  West 
Point  in  ’59  or  ’60  for  a  week  or  two;  I  have 
not  met  her  since;  I  "was  at  Fort  Leavenworth 
six  months;  on  the  first  occasion  I  met  lier  I 


h  ad  particularly  good  opportunity:  her  reputa¬ 
tion  was  as  good  as  anybody’s  could  be. 

Thomas  King  was  next  called,  and  after  af¬ 
firming,  testified — I  reside  in  Harford  county, 
Maryland,  and  am  a  son  of  the  late  Jos.  King, 
Jr.;  1  have  known  Mrs.  Wharton  for  six  or 
eight  years,  and  I  know  her  very  well;  I  have 
visited  her  in  Baltimore,  and  also  in  Harford 
county;  her  reputation  for  amiability,  kind¬ 
ness  and  humanity  was  very  good  indeed:  her 
amiability  and  her  charity  for  the  feelings 
and  opinions  of  others  were  proverbial. 

General  Henry  Lockwood  next  testified— 
I  reside  in  Georgetown,  D.  C.;  I  am  Professor 
of  Mathematics  in  the  United  States  Navy, 
and  am  at  present  stationed  at  the  Naval 
Observatory  in  Washington;  I  made  Mrs. 
Wharton’s  acquaintance  in  Cambridge,  Mary¬ 
land,  in  1861;  1  afterwards  knew  her  very  well 
at  Drummondtown,  Virginia,  and  afterwards 
in  Baltimore;  in  Drummondtown  I  saw  her 
nearly  every  day;  I  commanded  the  United 
States  troops  at  Drummondtown,  and  Major 
Wharton  commanded  one  of  my  regi¬ 
ments;  with  regard  to  her  amiability 
I  heard  nobody  abuse  her,  and 
I  suppose  she  was  amiable;  her  reputation  for 
humanity  was  good. 

To.  Mr.  Syester— I  knew  Mrs.  Wharton  from 
October,  ’61,  to  January,  ’62;  I  suppose  Mrs. 
Wharton  was  a  month  or  six  weeks  at  Cam¬ 
bridge;  I  saw  her  frequently  after  I  was  ordered 
to  Baltimore  after  the  battle  of  Gettysburg;  I 
was  in  Baltimore  two  or  three  years;  I  knew 
her  well,  and  visited  her  occasionally7. 

Col.  Thos.  Hendricks  next  testified — I  am  a 
Major  and  Brevet  Colonel  in  the  United  States 
army,  on  the  retired  list;  I  have  known  Mrs. 
Wharton  about  twenty-nine  years;  I  became 
acquainted  with  her  at  Jefferson  Barracks, 
but  I  was  there  only  two  or  three  weeks;  in 
1848  I  met  her  again  at  Fort  Gibson;  she  was 
there  six  weeks  or  two  months;  her  reputation 
for  kindness,  amiability  and  humanity  was 
very7  good;  I  never  heard  any  complaint  of  her 
on  those  points;  I  have  resided  in  Baltimore 
for  the  last  four  or  five  years,  and  knew  Mrs. 
Wharton  there;  I  visited  frequently  at  her 
house. 

To  Mr.  Syester— I  have  now  no  fixed  resi¬ 
dence,  but  was  in  Wisconsin  when  I  received 
a  summons  to  attend  this  trial;  I  never  heard 
any  thing  to  the  contrary  of  what  I  have 
said  about  Mrs.  Wharton’s  reputation. 

J.  Gorham  Moalenext  testified — I  reside  in 
Baltimore  and  am  an  attorney  at  law;  I  have 
known  Mrs.  Wharton  about  9  years;  I  visited 
her  family  and  I  am  acquainted  with  a  great 
many  of  those  who  visited  her;  her  reputation 
for  kindness,  amiability  and  humanity,  was 
very  good;  at  the  request  of  Miss  Nellie 
Wharton  I  went  to  see  Marshal  Frey  and  was 
at  the  house  when  he  came;  no  money  was  of¬ 
fered  in  my  presence,  but  Mrs.  Wharton. said — 

Here  the  witness  was  interrupted  by  Mr. 
Syester,  and 

Mr.  Steele  said  the  idea  had  been  attempted 
to  be  given  that  Mrs-  Wharton  had  offered 
Marshal  Frey  a  bribe.  The  offer  had  been 
openly  made,  and  Mrs.  Wharton  designed  only 
to  compensate  Marshal  Frey  for' his  kindness 
to  her  servant.  The  State  had  brought  this 
out,  and  was  it  right  that  the  latter  plirt  of  a 


134 


THE  WHA R TON-KETCHUM  TRIAL. 


transaction  and  not  the  initiation  should  be 
given '?  The  fact  that  it  was  a  continuous 
transaction  gave  the  defence  the  right  to 
bring  it  in,  and  in  justice,  reason  and  law  the 
testimony  ought  to  be  admitted. 

Mr.  Syester  said  he  did  not  regard  what 
Mrs.  Wharton  said  as  evidence  to  go  to  the 
jury,  and  what  Marshal  Frey  had  said  was 
the  only  evidence  that  could  be  admitted. 
The  act  of  giving  the  money  was  the  only 
thing  that  could  be  explained,  and  Dot  the 
declaration  of  Mrs.  Wharton  previous  to  that 
act. 

The  Chief  Judge  said  the  Court  was  of  the 
opinion  that  the  declaration  of  Mrs.  Wharton 
was  clearly  inadmissible. 

Mr.  Steele  said  the  defence  had  offered  the 
testimony  as  part  of  the  res  gestae,  and  con¬ 
nected  with  the  circumstance  of  her  offering 
the  money  to  Marshal  Gray. 

The  Court  repeated  its  opinion,  and  the 
witness  was  dismissed. 

The  Court  then  adjourned  until  10  o’clock 
A.  M.,  to-morrow.  The  defence  v  ill  probably 
close  their  case  to-morrow,  and  the  arguments 
before  the  Jury  will,  it  is  believed,  commence 
next  Monday  afternoon  or  Tuesday  morning. 

Among  those  present  to-day  were  Rev.  0. 
K.  Nelson,  of  St.  John’s  College:  A.  W.  Machen, 
Esq.,  of  Baltimore;  Professor  Tonrv,  Dr.  Wil¬ 
liam  T.  Howard,  Commander  J.  S.  Skerrett, 
of  the  Navy;  Colonel  Louey,  of  the  Fifth  Reg¬ 
iment  of  Baltimore;  Hon.  Daniel  M.  Henry,  of 
Dorchester  county;  Hon.  Barnes  Compton,  of 
Charles  county;  Colonel  James  Howard,  of 
Baltimore;  General  Thomas  W.  Campbell,  of 
Baltimore;  Colonel  Branfz  Mayer,  William 
Hollingsworth  Whyte,  Esq.,  Hon.  Alfred 
Spates,  of  Allegany  county;  Hon.  John  Thornp 
son  Mason,  Secretary  of  State;  Judge  George 
W.  Wilson,  editor  of  the  Marlboro’  Gazette. 


TH1RTT-I  OI  RTH  S)AY. 

Annapolis,  Januarv  13, 1872. 

It-  was  evident  from  the  large  attendance 
to-day  upon  Mrs.  Wharton’s  trial  that  the  in¬ 
terest  of  the  public  io  unabated.  It  is  antici¬ 
pated  that  the  crowd  during  the  closing  davs 
will  be  as  great- as  ever  attended  a  criminal 
trial  in  Maryland. 

Mrs.  Wharton  is  still  very  calm.  Her 
daughter.  Mrs.  Nugent,  Mr.  and  Mrs.  J.  Craw¬ 
ford  Neilson,  and  Mr.  H.  Moore  Wharton  are 
still  with  her.  Miss  Rosa  Neilson  has  been 
absent  during  the  past  two  days. 

Upon  the  opening  of  the  Court  to-day,  H 
Moore  Wharton  was  called, and  testified— I  re¬ 
side  in  Philadelphia:  I  was  related  to  Colonel 
Wharton,  but  not  very  near;  I  know  Mrs. 
Wharton  very  well  indeed:  I  first  met  her  in 
the  summer  of  1860;  I  again  met  her  in  Rhode 
Island  in  the  summer  of  1870;  I  have  stayed  at 
her  house  very  often  since  that  time:  her  repu¬ 
tation  for  kindness,  amiability  and  humanity 
is  beyond  reproach;  I  have  had  opportunities 
of  knowing  her  reputation  for  these  qualities. 

Colonel  Brantz  Mayer  next  testified — I  am 
a  Paymaster  in  the  United  States  Army,  and 
am  at  present  stationed  at  San  Francisco;  I  was 
summoned  in  this  case,  and  with  the  permis¬ 
sion  of  the  Secretary  of  War  I  obeyed  the 


summons:  I  have  known  Mrs.  Wharton  quite 
intimately  for  the.  past  eight  years,  during 
which  time  I  was  in  my  native  place,  Balti¬ 
more.;  I  am  a  brother  ot  Charles  F.  Mayer;  my 
family  ,  nd  Mrs.  Wharton’s  have  been  very 
intimate;  my  relations  with  Mrs.  Wharton 
were  also  close,  friendly  and  intimate:  I  have 
had  very  good  opportunities  of  knowing  her 
reputation;  for  amiability,  kiudness  and  hu¬ 
manity  her  character  was  excellent  aud,  in 
tact,  unimpeached. 

J.  C.  Keighier  next  testified— I  reside  in  Bal¬ 
timore;  I  have  known  Mrs.  Wharton  since  Sep¬ 
tember,  1S70;  I  was  at  her  house  frequently, 
and  knew  those  who  visited  there;  her  repu¬ 
tation  for  kindness,  humanity  and  amia¬ 
bility  was  unquestioned  as  far  as  I  knew. 

Commander  J.S.  Skerrett  next  testified— I  am 
a  Commander  in  the  Navy,  and  am  at.  present 
stationed  at  the  Naval  Academy;  I  am  ac¬ 
quainted  with  Mrs.  Wharton;  I  first,  met  her 
in  September,  1859;  I  have  hail  excellent  op¬ 
portunities  of  knowing  her  reputation  among 
those  who  knew  her  well;  her  reputation  for 
amiability,  kindness  and.  humanity  was  as 
good  as  the  best. 

Dr.  James  C.  Welling  next  testified— I  live 
in  Washington  aud  am  at  present  President 
of  Columbian  College;  I  have  known  Mrs. 
Wharton  for  live  or  six  years;  I  met  her  in 
Washington;  I  have  had  friends  and  relatives 
who  resided  in  Baltimore  Dear  Mrs.  Wharton; 
they  were  my  father-in-law, the  late  Col.  Henry 
T.  Garnett,  formerly  of  Virginia,  my  sister-iu- 
law,  my  mother-in-law  and  my  sister;  they 
lived  near  Mrs.  Wharton  aud  were  intimate 
with  her;  as  derived  from  those  who  knew 
her.  I  know  that  her  reputation  for  amiability, 
humanity  and  gentleness  was  very  high;  I 
wish  to  say  why  it  was  that  Colonel  Garnett 
and  Mrs.  Garnett  had  this  reputation  of  Mrs. 
Wharton  impressed  upon  them;  the  witness 
was  not,  however,  allowed  to  state  what  he 
desired  in  this  particular. 

W.  W.  Wilson  next  testified — I  reside  in 
Washington,  and  am  employed  as  au  account¬ 
ant  in  the  United  States  Treasury;  I  have 
J  known  Mrs.  Wharton  six  or  seven  years;  I 
1  visited  her  house  frequently,  and  have  spent, 
several  days  at  a  time  at  her  house;  I  have 
heard  many  of  those  who  have  testified  here, 
both  for  the  defence  and  Stale,  speak  of  her  in 
high  terms;  Mrs.  Chubb  spoke  of  her;  she  stood 
very  high  in  the  estimation  of  her  friends  for 
\  amiability,  humanity  and  gentleness. 

Thomas  E.  Coale  next  affirmed  and  testified — 

1  I  reside  now  in  Baltimore  county;  1  formerly 
lived  at  47  McCulloh  street.  Baltimore,  and 
next  door  to  Mrs.  A  barton;  I  have  known  her 
five  or  six  years;  our  steps  adjoined;  I  lived 
next  door  to  her  for  two  years  and  I  was 
well  acquainted  with  her;  1  don’t  think  any 
one  had  a  better  reputation  for  kindness,  gen¬ 
tleness  and  humanity. 

Mr.  Haguer  next  said  ho  had  t  wo  letters, 
which  it  was  agreed  by  the  State’s  officers 
should  be  read  in  part,  if  the  Court  consented. 
The  first  letter  was  from  Major  General  H. 
Het.h,  late  of  the  Confederate  army,  but  now 
resident  in  Raleigh,  North  Carolina.  The 
second  leiter  was  from  Dr.  Finley,  of  Phila¬ 
delphia. 


THE  WHARTON-KETCHUM  TRIAL. 


135 


Mr.  Hagner,  by  consent  of  the  Court,  said 
the  letter  of  Dr.  C.  A.  Finley,  late  Surgeon 
General  of  the  United  States  army,  and  now  a 
resident  of  Philadelphia,  was  to  the  effect 
that  Mrs.  Wharton’s  reputation  was  unex¬ 
ceptionable  good  for  the  qualities  of  amiabil¬ 
ity,  humanity  and  gentleness.  General  Heth’s 
letter  was  also  to  the  effect  that  Mrs. 
Wharton’s  reputation  was  unexceptiona- 
blv  good  for  gentleness,  kindness  and 
humanity.  General  Heth  wrote  that  he  had 
known  her  since  1849,  and  that  he  was  at  one 
time  an  officer  iu  the  old  army  and  under  her 
husband’s  command. 

At  this  point,  Mr.  Steele  said:  Our  case  is 
now  closed. 

Mr.  Syester  said  the  counsel  for  the  State 
now  desired  a  few  minutes  for  consultation, 
and  the  request  was  granted.  An  informal 
recess  was' taken,  and  after  more  than  half  an 
hour  Messrs.  Revell  and  Syester  returned. 

Prof.  N.  R.  Smith  was  then  called,  and  testi¬ 
fied— I  reside  in  Baltimore,  and  have  resided 
there  43  or  44  years;  I  practice  medicine  and 
surgery,  and  have  been  most  of  that  time  con¬ 
nected  with  the  University  of  Maryland;  I 
have  practiced  medicine  53  years;  I  have  also 
beeu  a  professor  in  Vermont,  Pennsylvania 
and  Kentucky;  my  office  is  at  the  corner  of 
Saratoga  street  and  College  alley;  I  have  still 
a  very  large  practice,  and  was  not  absent 
from  Baltimore  for  more  than  a  day  at  a  time 
during  last  summer;  I  have  often  encountered 
the  'sporadic  form  of  ceiebro  spinal  men¬ 
ingitis,  especially  in  children;  to  my  knowl¬ 
edge  it  has  not,  during  the  past  year,  as  an 
epidemic,  prevailed  in  Baltimore;  I  mean  the 
epidemic  form  of  the  disease;  ray  practice 
embraces  the  entire  limits  of  Baltimore  city, 
and  I  am  often  called  in  consultation  in  every 
part  of  the  city. 

Mr.  Syester  said  he  now  proposed  to  read  to 
Prof.  Smith  the  hypothetical  statement  of  the 
defence  and  the  accompanying  interrogatory, 
and  Mr.  Steele  objected. 

Mr.  Syrester  said  the  defence  had  offered 
testimony  to  prove  that  cerebrospinal  menin¬ 
gitis  was  the  single  cause  of  Gen.  K.’s  death, 
and  the  State  now  desired  to  rebut  that  evi¬ 
dence. 

Mr.  Thomas  said  the  rule  was  clear  that  the 
State  was  required  to  exhaust  the  burden  of 
its  proof  in  toe  opening  of  its  case.  He  then 
read  from  1st  Greenleaf,  sec.  469  (A);  also,  secs. 
74  and  81  of  the  same  work;  1st  Starkie,  mar¬ 
ginal  page,  425;  1st  Taylor  on  Evidence,  secs. 
358  and  359;  Rex  vs.  Simpson,  2d  Carrington 
and  Paine,  page  414;  Rex  vs.  Ilildredge,  5t,h 
Carrington  and  Paine,  page  299;  Regina  vs. 
Powell,  1st  Carrington  and  Marshman,  page 
500;  and  Brown  vs.  B.  Murray,  Ryan  and 
Moody,  page  254,  in  support  of  his  opinion. 

Those  authorities,  he  said,  established  that  it 
was  the  duty  of  the  plaintiff,  in  making  out 
that  portion  of  the  case  which  the  burden  of 
proof  imposed,  to  exhaust  all  the  evi- 
deuce  necessary  to  sustain  that  burden  of 
proof.  The  very  element  of  the  case  at  bar 
was,  that  General  Ketchum  did  not  die  from 
natural  causes,  and  unless  the  prosecution 
made  that  out  they  had,  of  course,  failed  to 
make  out  their  case  If  the  State  had  a  right 
to  introduce  new  evidence  on  that  point  of  the 


case,  upon  what  point  th'-n  were  they  pre¬ 
cluded  from  offering  new  testimony"!  It  was 
incumbent  upon  the  State  to  prove,  upon 
every  hypothesis,  that  General  Ketchum  had 
died  through  the  instrumentality  of  the  de¬ 
fendant.  Were  the  witnesses  for  the  defence 
the  first  to  express  the  opinion  that  General 
Ketchum  had  died  from  cerebro  spinal  menin¬ 
gitis?  The  Court  would  remember  that  Pro¬ 
fessor  Donaldson,  in  his  elaborate  testimony, 
had  given  the  opinion  that  General  Ketchum 
had  not  died  from  cerebro  spiual  meningitis, 
and  the  State  had  thus  first  introduced  it  into 
the  case.  The  testimony  offered  now  by  the 
State  was  not  on  any  new  point  brought  out 
by  the  defence,  and  was  therefore  not  admis¬ 
sible. 

Mr  Revell  said  the  State’s  officers  were  not 
disposed  to  controvert  the  general  principles 
and  practices  of  the  law.  The  State 
exhausted  its  testimony,  and  reserved  only 
the  right  to  rebut.  Professor  Donaldson 
had  said  that  the  case,  presented  in  the  hypo¬ 
thetical  statement  of  the  State,  has  some  re¬ 
semblance  to  cerebro  spinal  meningitis,  but 
had  not  said  so  upon  the  testimony  of  Drs. 
Williams,  Chew  or  Miles.  If  the  Court 
would  examine  the  hypothetical  statement  of 
the  defence  it  would  discover  that  it  con¬ 
tained  statements  not  brought  out  by  the 
State’s  testimony,  and  such  as  had  never  been 
brought  to  the  attention  of  Drs.  Williams, 
Chew,  Miles,  or  any  of  the  medical  witnesses 
for  the  State.  Mr.  Revell  next  read  the  hypo¬ 
thetical  statement  of  the  defence  as  published 
iu  the  Gazette,  and  called  the  attention  of 
the  Court,  as  he  proceeded,  to  what  he  con¬ 
sidered  “new  matter.”  The  witnesses  for  the 
defence  had  predicated  their  opinions  upon 
the  array  of  new  facts  found  iu  the  hypotheti¬ 
cal  statement.  The  State  was  testing 
the  accuracy  of  those  witnesses,  one  of  whom 
(Dr.  McClurg)  bad  gone  so  far  as  to  say  that 
even  if  tartar  emetic  had  been  fouud  in  Gen¬ 
eral  Ketcbum’s  stomach  be  would  attribute 
bis  death  to  apopiex.y  from  congestion.  When 
new  facts  were  brought  into  the  case,  the  gen¬ 
eral  rule  of  law  did  not  bigd  the  State.  Who  had 
brought  out  the  statement  that  hyperesthesia 
existed?  Dr.  Warren  had  lirst  brought  for¬ 
ward  such  a  theory,  based  upon  the  single 
fact  that  a  shiver  passed  over  General 
Ketchum  when  he  was  touched.  The  defence 
had  been  jumping  and  leaping  from  inferences 
i-o  theories,  and  it  was  the  undoubted  right 
of  the  State  to  rebut  such  false  data  as  had 
been  placed  before  the  jury.  Mr.  Revell 
further  argued  the  question  earnestly  and 
ably,  and  said  he  believed  authority,  reason 
and  right  supported  the  offer  and  purpose  of 
the  State. 

Mr.  Syester  said  he  admitted  that  the  State 
was  bound  to  exhaust  all  its  affirmative  evi¬ 
dence,  and  he  did  not  think  the  State  was  now 
trespassing  upon  any  rule  of  law  binding  the 
State  in  that  particular.  The  defence  had  dis¬ 
tinctly  evolved  new  matter,  and  that  not  iu 
the  way  of  general  or  special  denial.  Mr. 
Syester  then  read  from  the  469th  seotiou  of  1st 
Greenleaf,  touching  the  question  before  the 
Court.  The  State  had  not,  he  said,  called  Dr. 
Smith  tomake  good  what  the  State  hadoffered, 
but  to  rebut  the  new  matter  brought  out  by 


136 


THE  WH ARTO N-KETC HUM  TRIAL. 


the  defence.  In  this  case  there  were  no  plead¬ 
ings, and  it  would  have  been  just  as  competent 
for  Mrs.  Wharton  to  have  proved  that  she  was 
not  in  Baltimore  on  the  days  of  General 
Ketchum’s  sickness  as  to  have  proved  that 
General  Ketchuin  died  from  natural  causes. 
The  plea  of  insanity  could  have  been  brought 
in,  so  great  was  the  latitude  allowed  to  the 
defence,  but  it  could  not  be  said  that  if  such 
had  been  the  plea  the  State  was  bound  to 
have  anticipated  it,  and  could  not  have  gone 
into  an  investigation.  The  State  had  not,  in 
its  testimony,  attempted  to  exclude  a  natural 
cause,  but  the  defence  had  not  contented  it¬ 
self  with  meeting  the  State  upon  its  own 
grounds,  but  had  brought  forward  new  facts 
and  made  a  new  record  to  go  to  the  jury. 
Were  the  hands  and  lips  of  the  State  of  Mary¬ 
land  to  be  closed  under  such  circumstances! 
The  State  desired  to  respond  to  the  new 
matter  brought  out  by  the  witness 
Susan,  and  such  as  the  State  could1  not  have 
anticipated.  Mr.  Svester  then  read  from  1st 
Starkie,  page  423,  in  support  of  his  views  at 
this  point.  Could  it  be  possible,  he  inquired, 
that  the  State  was  to  be  concluded  because 
Prof.  Donaldson  had  said  cerebro  spinal  ; 
meningitis  might  have  had  “a  local  liabita- I 
tion  and  a  name”  in  General  Ketchum’s  case? 
Mr.  Syester  next  referred  to  the  case  of  Rex 
vs.  Simpson,  2  Carrington  and  Paine;  also  to 
5th  Carrington  and  Paine,  Rex  vs.  Hildredge, 
page  209.  Mr.  Syester  further  said  cerebro 
spinal  meningitis  was  a  disease  which  he  had 
never  heard  of  before  he  came  into  this  court 
room, and  to  say  that  the  State  should  have  an¬ 
ticipated  it  would  have  been  to  attribute  to  its 
officers  a  degree  of  prescience  and  omniscience  j 
which  he  could  not  claim.  Mr.  Syester  next  re¬ 
ferred  to  the  case  of  Regnia  vs.Po well, l  Carring-  i 
ton  and  Marshman,  page  500,  and  closed  his  re¬ 
marks  by  saying  that  he  submitted  the  ques¬ 
tion  to  the  Court  with  perfect  confidence. 

Mr.  Steele  said  he  had  been  struck  with  the 
fact  that  the  State’s  Attorney  had  not  cited  a 
single  ease  bearing  upon  the  question  before 
the  Court.  He  believed  it  to  be  an  effort  to 
lead  the  Court  astri#’  from  the  ancient  paths 
which  the  Courts  of  Maryland  had  so  loug 
trodden.  The  Atttorney  General  had  referred 
to  two  points  which  he  considered  supported 
his  view,  and  had  named,  first — that  of  an 
alibi.  The  object  of  the  testimony  was  to 
holster  up  what  the  State  was  bound  to  prove 
originally,  namely,  that  General  K.  did  not  die 
from  natural  causes.  The  plea  of  insanity  was 
an  independent  plea,  and  the  State  was  not 
hound  to  anticipate  it.  Mr.  Steele  next  read 
from  Sd  Greeuleaf.  section  134,  to  show  what 
was  incumbent  upon  the  State  to  prove.  The 
State  had  no  right  under  the  guise  of  cross- 
examination*  to  offer  cumulative  evidence, 
hut  was  bound  to  exhaust  its  testimony, 
and  he  begged  the  Court  to  pause  ere  they  ad¬ 
mitted  such  evidence  as  was  now.  offered.  It 
was  the  entering  wedge,  and  the  reputation 
of  this  Court  was  enough  to  make  it  a  prece¬ 
dent,  aDd  no  man  could  tell  wheie  it  would 
lead.  The  State  had  gone  so  far  as  to  call  ex¬ 
perts  to  prove  that  General  K.  did  not  die  from 
natural  causes,  and  had  called  a  number  of 
witnesses  to  negative  the  idea  that  he  died 
from  natural  causes. 


Prof.  Donaldson  was  one  of  the  most  learned 
gentlemen  the  State  had  called,  and  he  had 
negatived  specially  and  particularly  cerebro 
spinal  meningitis.  The  State  had  assumed  to 
negative  the  idea  of  death  from  natural 
causes,  and  he  submitted  that  the  rules  of 
rebuttal  evidence  did  not  countenance  the 
evidence  offered. 

Mr.  Steele  then  said:  I  beseech  your  Honors 
to  pause  and  look  well  at  the  English  au¬ 
thorities!  Say  if  it  has  ever  been  done  iu  this 
State  before!  say  if  it  has  ever  before  in  this 
State  been  offered  to  be  done  ! 

Mr.  Steele,  iu  further  arguing  the  question 
referred  to  Rex  vs.  Hildredge,  5th  Carrington, 
page  299,  also  to  Phillips,  as  to  the  strict 
observance  of  the  rule  of  law  involved,  in  his 
view  of  the  question. 

The  arguments  of  Messrs.  Thomas,  Revell, 
Syester  and  Steele  were  heard  with  great  at¬ 
tention  by  the  Court,  and  evidently  with 
much  interest  by  the  spectators.  The  jury 
seemed  to  anticipate  the  decision  of  the 
Court  with  much  anxiety,  and  Mrs.  Wharton 
appeared  more  disturbed  than  at  any  previous 
time.  Miss  Nellie  Wharton  was  absent  during 
the  arguments.  After  a  considerable  time  had 
been  occupied  in  consultation,  and  reference 
made  to  Greenleaf,  section  469  A.,  the  Chief 
Judge  announced  the  decision  of  the  Court 
substantially  as  follows. 

I  suppose  there  is  no  Court  in  the  State  in 
which  the  rules  of  rebuttal  evidence  have 
been  more  strictly  enforced  than  in  this 
Court,  and  we  will  not  tow  depart  a 
hair’s  breadth  from  that  course.  The  Court 
has  always  observed  the  rules  of  the 
common  law.  The  Chief  Judge  then,  at  some 
length,  reviewed  the  testimony  bearing  upon 
the  question  before  the  Court.  A  new  hypo¬ 
thetical  statement  had,  he  said,  been  pre¬ 
sented, and  was  a  new  point  opened  by  the  de¬ 
fence.  The  Court  was  clearly  of  the  opinion 
that  the  State  could  reply  to  it  The  Court  was 
of  the  opinion  that  the  witness  could  be  asked 
his  opinion  on  the  hypothetical  statement,  but 
the  question  of  death  from  poison  was  closed. 

Prof.  Smith  then  testified  in  answer  to  Mr. 
Revell— -I  have  read  the  hypothetical  statement 
of  the  defence;  according  to  the  best  of  my  judg¬ 
ment  the  party  therein  described  died  from 
non-natural  causes;  lam  not  acquainted  by 
personal  observation  with  the  epidemic  form 
of  cerebro  spinal  meniugilis;  it  has  not  been 
epidemic  iu  Baltimore  since  I  have  lived 
there;  by  epidemic  1  mean  widespread  among 
the  people,  and  by  endemic,  9011  fined  to  jails, 
hospitals,  alleys  and  the  low  places  of  a  city; 
I  remember  that  when  I  was  a  student  of 
medicine  it  was  called  spotted-fever  in  New 
England;  I  think  the  patient  described  in  the 
hypothetical  statement  did  not  die  from 
cerebro  spinal  meningitis. 

To  Mr.  Steele— I  have  seen  cases  of 
cerebro  spinal  meningitis  in  Baltimore 
within  the  past  year,  but  not  of  the  epi- 
demic'form;  it.  is  not  uncommon,  but  always 
prevails,  to  a  certain  exteut,  that  is,  I  meet 
with  four  or  five  cases  during  a  year,  but  gen¬ 
erally  among  children.  I  never  heard  a  word 
of  cerebro  spinal  meningitis  existing  in  Bal¬ 
timore,  even  in  the  endemic  form,  until  this 
trial  commenced;  it  may  be  endemic  in  dif- 


THE  WHARTON-KETCHUM  TRIAL. 


137 


ferent  parts  of  a  city,  bat  I  call  it  epidemic 
only  -when  it  spreads  among  the  people;if  fifty 
cases  occurred  and  were  scattered  over  differ¬ 
ent  parts  of  Baltimore.  I  should  regard  it  as  I 
an  epidemic  to  a  certain  extent;  I  do  not  think 
it  prevailed  in  Baltimore  in  1SG4  to  such  an 
extent  as  to  be  considered  an  epidemic; 
Ido  not  know  of  what' disease  Mr.  Fred¬ 
erick  Sangston  died  last  summer  in  Balti¬ 
more;  I  read  the  hypothetical  state¬ 
ment  on  last  Monday  evening:  it  was  handed 
to  me  by  Mr.  Knott,  and  Dr.  Williams  was 
present;  I  had  read  it  before  in  a  newspaper; 
the  yellow  jessamine,  chloral  and  chloroform 
were  not  such  agents  as  I  should  have  pre¬ 
scribed;  they  were  depressing  agents,  and  in¬ 
appropriate,  hut  I  do  not  think  they  had  any 
effect  in  determining  the  result,  for  the  patient 
seems  to  have  been  in  a  dying  condition  when 
he  took  them;  I  think  chloral  is  a  very 
dangerous  remedy  to  employ,  and  I  have  seen 
very  disastrous  results  from  its  administra¬ 
tion. 

To  Mr.  Syester — According  to  my  recollection 
of  the  wording  of  the  hypothetical  statement, 
I  consider  that  the  party  described  was  dying 
at.  11  A.  M  on  Wednesday. 

Dr.  George  W.  Benson  next  testified— I  re¬ 
side  at  144  Hanover  street,  Baltimore;  I  grad¬ 
uated  in  medicine  in  1852;  my  friends  say  my 
practice  is  a  large  one,  and  it  yields  me  a  very 
comfortable  living;  I  have  never  known 
cerebro  spinal  meningitis  to  he  epidemic  in 
Baltimore  in  the  last  twenty  years;  I  had  two 
cases  on  Henrietta  street,  near  Dr.  Baltzeli’s 
case;  I  have  read  the  hypothetical  statement, 
and  I  do  not  think  the  party  therein  described 
died  from  cerebro  spinal  meningitis;  it  is  my 
opinion  that  he  died  from  nou-natural  causes. 

To  Mr.  Steele — I  generally  have  one  or  two 
cases  of  cerebro  spinal  meningitis  every  year; 
there  was  a  case  about  four  doors  from  Dr. 
Baltzell’s  case:  Dr.  Warren  told  me  about  two 
days  ago  that  Mr.  Frank  Sangston  haft  died 
from  cerebro  spinal  meningitis;  I  was  teasing 
him  about  the  length  of  his  testimony  here;  I 
am  generally  occupied  so  much  in  my  prac¬ 
tice  that  I  don’t  hear  much  outside  of  it. 

The  Court  here  adjourned  until  10  A.  M. 
Monday,  when  the  testimony  for  the  State 
will  he  resumed  and  probably  continued  dur¬ 
ing  the  session  of  the  Court  on  that  day. 

Dr.  Genth  and  Professor  McCulloch  were 
present  to-day. 


TMUS.TY-JFSFT2H  ©AY. 

Annapolis,  January  15, 1871. 

A  calmer  or  more  impressive  scene  was 
never  witnessed  in  a  court  house  in  Mary¬ 
land  than  that  which  occurred  on  Saturday 
at  tue  close  of  Mrs.  Wharton’s  defence.  After 
weeks  of  hard  awl  anxious  struggles  and  the 
delivery  of  all  the  testimony  that  the  rules  of 
law  would  allow  to  be  given  in  behalf  of  the 
accused  lady,  the  time  had  at  last  come  when 
legal  proof  of  her  innocence  was  to  cease. 
Mr.  Thomas  E.  Coale  was  the  last  witness 
called  to  testify  to  her  good  name  and  high 
reputation  for  the  possession  of  those  quali¬ 
ties  which  contradict  the  idea  of  crime,  and 
when  he  left  the  witness  stand  deep  feeling 
seemed  to  pervade  all  present. 


Then  followed  the  reading  of  the  testimony 
of  General  Heth  and  Dr.  Finley. 

Her  counsel  next  engaged  fora  minute  or  two 
in  an  earnest  consultation. and  during  the  time 
they  thus  occupied  they  were  closely  watched 
by  the  anxious  spectators.  Mrs.  Wharton  sat 
quietly  in  her  chair,  seemingly  the  calmest 
person  in  the  court  room,  and  there  was 
nothing  even  in  the  movement  of  a  hand  to 
tell  that  it  was  a  painful  moment  to  her. 
Her  daughter  sat  at  her  left,  an  eager  listener 
and  observer;  her  steadfast  friend,  Mrs.  Neil- 
sou,  occupied  her  accustomed  seat  to  the  right, 
quiet  and  calm  in  her  demeanor,  but  watchful 
of  all  that  passed.  Mrs.  Nugent  occupied  aseat 
behind  her,  and  leaning  forward,  showed 
the  deep  concern  which  she  felt.  When  Mr. 
Steele,  in  a  calm,  but  quick  tone,  announced 
“Our  case  is  now  closed,”  there  was  deep 
silence  for  a  minute  or  two,  and  a  feeling  of 
relief  seemed  to  be  felt  when  Attorney  Gen¬ 
eral  Syester  arose  and  requested  the  Court  to 
allow  the  Style’s  officers  to  retire  for  consulta¬ 
tion.  The  request  was  at  once  granted,  and 
the  Court  took  a  brief  recess.  The  audience 
j  seemed  to  feel  but  little  coucern  iu  the  result 
of  a  consultation  in  which  only  the  State’s 
officers  could  share,  and  there  soon 

arose  the  murmuring  of  human  voices 
in  animated  conversation.  The  jury 

had  duriug  these  exciting  moments  observed 
the  most  respectful  silence,  and  their  faees 
wore  looks  which  betokened  deep  reflection. 
Alter  more  than  a  half  hour  had  elapsed, 
Messrs.  Eevell  and  Syester  returned,  the 
Chief  Judge  rapped  to  order,  and  the  name  of 
Professor  N.  K.  Smith,  of  Baltimore, was  given 
as  the  first  witness  the  State  had  called  for 
rebuttal.  As  the  venerable  and  distinguished 
Professor  ascended  to  the  witness  stand  all 
eyes  were  turned  upon  him.  His  evidence 
and  oninions,  were  however,  delayed  by  the 
objection  made  by  the  defence  and  the  earn¬ 
est  arguments  which  followed. 

The  present  week  will  be  full  of  anxiety 
and  concern  to  Mrs.  Wharton,  her  daughter 
and  her  friends,  as  in  all  probability  the  trial 
will  he  brought  to  an  end  within  the  next 
four  or  five  days. 

Notwithstanding  the  severely  cold  weath¬ 
er  and  the  chilliness  of  the  court  room, 
a  large  number  of  ladies  were  present 
to-day  a  half  hour  or  more  iu  advance 
of  the  opening  of  the  court,  and 
there  seems  to  be  a  general  desire  among 
them  to  secure  eligible  positions.  His  Excel¬ 
lency  Governor  Whyte  conducted  two  ladies 
into  the  conr  troom  a  few  minutes  before  the 
court  was  called  to  order,  hut  retired  after  se¬ 
curing  seats  for  them. 

A  few  minutes  before  half-past  10  o’clock 
Mrs.  Wharton  entered  the  court  room,  leauing 
ou  the  arm  of  Mr.  J.  Crawford  Neilson,  and 
followed  by  her  daughter.  Miss  Nugent,  Mrs. 
Neilson  and  Miss  Kosa  Neilson  soon  after 
joined  her.  Dr.  Genth  in  a  moment  more 
came  forward  arid  took  a  seat  by  the  side  of 
Miss  Wharton.  Prof.  Aikin  soon  after  ap¬ 
peared,  and  after  warming  himself  by  the 
stove,  took  a  seat  in  full  view  of  the  jury. 

Dr.  Girard  E.  Morgan  was  first  called,  and 
testified— I  reside  in  Baltimore,  at  No.  31 
Courtland  street;  I  have  been  practicing  med- 


138 


THE  WHARTON-KETCHUM  TRIAL. 


icine  in  Baltimore  since  the  spring  of  1851;  my 
own  personal  knowledge  would  hardly  enable 
me  to  say  that  cerebro  spinal  meningitis  was 
au  epidemic  last  year  in  Baltimore;  I  saw  hut 
one  case:  that  was  on  Calvert  street,  near  Mul¬ 
berry;  Dr.  Warren  was  not  called  in  consulta¬ 
tion  in  that,  case  or  any  other  with  me;  I  have 
read  the  hypothetical  statement  of  tin-  defence; 
this  case  is  very  1  tile  like  the  case  of  cerebro 
spinal  meningitis  which  I  had,  and  my  knowl¬ 
edge  is  confined  to  one  case;  I  cannot  give  a 
direct,  answer  to  rbe  iuqniry  appended,  but  I 
have  never  seen  such  au  assemblage  of  symp¬ 
toms  from  a  natural  cause;  I  saw  my  patient 
on  Wednesday  and  he  died  on  Sunday;  I 
thought  it  was  a  case  of  cerebro  spinal  menin¬ 
gitis;  objection  being  made,  the  witness  was 
not  asked  if  it  was  a  case  of  the  fulminant  or 
inflammatory  form. 

To  Mr.  Steele— I  heard  of  other  cases  than 
the  one  I  attended;  one  I  heard  of  was  within 
a  square  of  mine;  1  heard  of  two  other  cases, 
hut  I  don’t  recollect  their  localities,  but  think 
they  were  on  the  line  of  Jones’  Falls. 

Dr.  Cbas.  H.  Ohr  next  testified— I  reside 
in  Cumberland,  and  graduated  in  the  spring 
of  1884;  I  have  been  practicing  ever  since;  I 
have  had  experience  with  cerebro  spinal  men¬ 
ingitis;  I  have  studied  the  disease,  and  made 
a  post  mortem  examination  in  perhaps  as 
marked  a  case  as  ever  falls  under  the  eye  of  a 
physician;  I  don’t  think  from  the  hypothetical 
statement  of  the  defence  that  there  are  any 
symptoms  of  cerebrospinal  menimntis  in  the 
case  described; in  my  opinion  he  did  not  die 
from  a  natural  cause. 

Mr.  Syester  next  asked  the  witness  to  say 
what  lesions,  if  any,  he  had  discovered  in  his 
post  mortem,  and  if,  in  his  opinion,  a  man 
could  die  of  cerebro  spinal  meningitis,  and 
lesions  not  be  discoverable. 

Mr.  Steele  objected,  as  the  State  had  brought 
out  that  matter  in  full. 

Mr.  Syester  referred  to  the  testimony,  and 
contended  that  it  was  perfectly  competent 
for  the  State  to  go  into  that  branch  of  the 
case. 

Mr.  Steele  said  that  Dr.  Warren  had  not 
said  that  the  post  mortem  indications  had 
aloue  given  him  his  conclusions,  and  at  some 
length  explained  the  object  of  the  testimony 
on  the  subject  of  the  absence  of  lesions  which 
the  defence  bad  given  Upon  every  principle 
of  law  the  State  could  not.  now  introduce 
cumulative  evidence,  and  the  Attorney  Gen¬ 
eral  had  insisted  upon  ir  as  counsel  for  the 
defence  in  the  Black-McKaig  trial,  before  he 
Lad  been  elevated  to  his  present  position  and 
bore  the  laurels  he  now  wears. 

Mr.  Steele  then  read  from  the  testimony  of 
Dr.s.  Miles  and  Donaldson  to  show  how  the 
subject  bad  been  brought  forward.  If  the 
State  could  do  what  was  now  proposed  it 
would  be  perfectly  competent  then  to  call  the 
weakest  physician  in  the  State,  and  when  the 
lips  of  the  defence  were  sealed  to  call  a  dozen 
others  to  fortify  the  opinion  of  the  weak  one. 
The  defence  had  brought  out  their  testimony 
to  meet  the  case  of  the  State  as  it  had  been 
made  out  and  left. 

The  Court  decided  that  the  question  did  not 
come  within  its  ruling  on  Saturday. 


Dr.  Ohr  continued — I  don’t  wish  to  be  under¬ 
stood  as  saying  that  none  of  the  symptoms  of 
cerebro  spinal  meningitis  were  present  in  the 
hypothetical  case;  I  mean  none  which  them¬ 
selves  distinctly  characterize  the  disease 
known  as  cerebro  spinal  meningitis;  there  are 
many  diseases  which  have  common  symptoms 
which  are  not  at  all  distinctive  of  the  disease 
itself;  there  are  symptoms  in  that  hypotheti¬ 
cal  case  which  we  find  in  a  great  many  others, 
and  which  are  entirely  distinct  from  cerebro 
spiual  meningitis;  there  is  no  pathoguomonic 
symptom  of  cerebro  spinal  meningitis  as  I 
understand  the  disease,  but  the  symptoms  de¬ 
scribed  are  common  to  a  variety  of  other 
diseases. 

Dr.  Ohr  was  not  cross-examined. 

Dr.  Abram  P.  Arnold  next  affirmed  and  tes¬ 
tified— I  reside  at  No.  7  South  High  street, 
Baltimore:  I  have  been  in  practice  twenty  two 
years,  and  all  the  time  in  Baltimore;  I  saw- 
four  cases  and  heard  of  three  other  cases  of 
cerebro  spinal  meningitis  early  last  spring:  I 
am  not  inclined  to  call  the  disease  au  epi 
demic,  because  of  the  small  number  of  cases 
I  have  seen  or  heard  of;  I  have  repeatedly 
read  the  hypothetical  statement  of  the  de¬ 
fence;  as  far  as  my  knowledge  goes  tho 
symptoms  there  stated  do  not  at  all  correspond 
with  what  I  know  to  be  those  of  cerebro 
spinal  meningitis;  I  am  not  prepared  to  give  a 
direct  answer  to  the  interrogatory  appended; 
the  symptoms  do  not  agree  with  any  set 
of  symptoms  which  correspond  to 
a  w-ell  established  and  well  defined  disease 
with  which  1  am  familiar  from  my  own  ex¬ 
perience  or  from  the  hooks:  I  am,  therefore.,  of 
tiie  opinion  that  the  set  of  symptoms  which 
preceded  the  death  of  the  party  described 
were  of  a  very  suspicious  character. 

Mr.  Hagner  objected  to  this  last  sentence,, 
and  Dr.  .Arnold  explained  that  he  thought,  it 
absolutely  necessary  that  the  physician  should 
know  all  the  symptoms,  the  circumstances 
surrounding  the  case,  and  the  post  mortem 
revelations,  before  giving  a  decided  opinion, 
and  he  could,  therefore,  only  say  that  the 
symptoms  described  did  not  correspond  to 
those  of  any  disease  with  which  do  was 
familiar  from  experience,  or  knowledge  de¬ 
rived  from  the  books. 

To  Mr.  Revell — One  of  my  cases  was  at  the 
corner  of  Centre  Market  place  and  Hawk 
street;  I  saw  another  case  on  Calvert  street, 
near  Mulberry  street,  in  connection  with  Dr. 
Johr  Morris;  I  saw  another  ease  iu  Lombard 
sti'.-et,  near  Caroline;  I  saw  another  case  at 
the  corner  of  Greenruount  avenue  and  Madi¬ 
son  street,  with  Dr.  Baldwin;  all  those  cases 
were  children;  two  of  them  died. 

Dr.  Arnold  was  not  c-oss-examined. 

Dr.  Win.  T.  Howard  next  testified— I  reside 
in  Baltimore;  I  commenced  the  practice  of 
medicine  in  Warren  county,  N.  0.,  on  the  1st 
of  May,  1844;  1  am  a  Professor  in  the  Univer¬ 
sity  of  Maryland;  I  never  had  any  other  offi¬ 
cial  position;  I  am  now  the  Professor  of  the 
Diseases  of  Women  and  Children: 
I  have  read  the  hypothetical  statement  of 
the  defeuce;  I  read  it  when  it  appeared  in  the 
papers,  and  again  this  morning  in  Court:  I  do 
not  think  the  party  therein  described  died  of 
cerebro  spinal  meningitis;  taking  into  con- 


THE  WHARTON-KETCHUM  TRIAL. 


139 


Bideration  the  clinical  history  of  the  case  as 
recorded  in  that  hypotheticaFstatement,  and 
finding  no  adequate  lesion  after  death  to  ac¬ 
count  for  those  symptoms, I  know  of  no  natural 
disease  of  which  he  could  have  died, and  do  not 
think  he  could  have  died  of  cerebrospinal 
nieningtis;  I  do  not  -think,  with  my 
view  of  the  character  of  an  epidemic, 
that  cerebro  spinal  meningitis  was  an 
epidemic  in  Baltimore  last  year;  persons 
may  differ  very  much  as  to  the  number  of- 
cases  which  may  constitute  an  epidemic,  but 
so  far  as  my  knowledge  of  the  disease  is  con¬ 
cerned  I  do  not  th’nk  it  was  an  epidemic;  I 
liye  at  181  Madison  avenue. 

To  Mr.  Steele — I  had  no  case  of  the  disease 
in  my  practice,  but  treated  a  sailor  from 
South  America  in  the  Baltimore  Infirmary, who 
was  admitted  on  the  1st  of  June;  there  was 
another  case  at  the  Baltimore  Infirmary;  it 
was  that  of  a  sailor,  and  was  treated  by  Prof. 
Miles;  I  saw  Dr.  Arnold’s  article  in  the  Balti¬ 
more  Medical  Journal  in  May  last,  in  which 
he  said  he  had  treated  four  cases  and  heard 
of  three  others;  I  have  not  heard  of  any  other 
cases  except  those  which  have  been  spoken  of 
here;  if  there  were  fifty  cases  scattered  over 
Baltimore  at  the  same  time  I  should  say  it 
was  prevailing  epidemically  to  a  slight  ex¬ 
tent;  I  do  not  remember  how  soon  after  the 
case  occurred  that  I  talked  with  Dr.  Williams 
about  it. 

Mr.  Revell  objected  to  a  conversation  with 
Dr.  Williams,  and  Mr.  Steele  said  it  was  a 
legitimate  matter  of  cross-examination,  and 
the  object  of  the  defence  was  to  show  the  in¬ 
fluences  under  which  the  witness  appeared. 

Mr.  Syester  said  if  the  purpose  was  to  show 
that  the  witness  had  had  a  conversation  with 
Drs.  Miles,  Chew  or  Williams,  the  State  did 
not  object;  they  might  go  as  far  as  they 
chose. 

To  Mr.  Steele — I  had  a  conversation  with 
Dr.  Williams  about  the  case;  it  was  common 
talk  among  the  physicians  of  Baltimore;  Dr. 
Chun  died  on  the  34th  of  February,  1867,  of  a 
malignant  type  of  typhus  fever,  and  not  of 
cerebro  spinal  meningitis;  I  never  heard  that 
Mr.  Sangston  died  of  cerebro  spinal  menin¬ 
gitis  until  I  saw  it  announced  in  the  course  of 
this  trial;  I  heard  that  Dr.  Winslow  died  of 
typhus  fever. 

To  Mr.  Syester — I  never  heard  Dr.  Warren 
talking  about  General  Ketchum’s  case,  hut. 
everybody  was  talking  about  it  in  and  out  of 
Baltimore. 

Mrs.  Julia  Van  Ness  was  next  called,  and 
testified — I  reside  in  Baltimore  at  present;  I 
wa9  living  last  June  in  Carlisle,  Pennsylvania; 
I  was  not  in  Baltimore  during  last  June,  until 
the  26th  day,  when  I  was  telegraphed  for; 
I  reached  there  on  Monday  evening;  I  don’t 
exactly  know  the  hour;  I  know  Mrs.  Wharton; 
I  went  first  to  the  house  of  my  daughter,  Mrs. 
Loney,  and  then  to  Mrs.  Wharton’s;  I  re¬ 
mained  there  until  Friday  evening;  I  know 
usan  Jacobs,  Mrs.  Wharton’s  servant. 

Mr.  Syester  next  asked— Did  you  have  any 
conversation  withSusan  Jacobs  in  the  kitchen 
about  General  Ketch um  or  did  you  have  any 
on  the  stair  steps? 

Objection  was  made  by  Mr.  Hagner,  and 
after  some  consultation  Mr.  Syester  pro¬ 


ceeded  to  state  that  he  desired  to  contra¬ 
dict  the  witness,  Susan  Jacobs.  She.  had 
testified  that  no  vomit  had  been  found 
in  General  Ketchum’s  room  on  Tuesday  after¬ 
noon,  and  the  State’s  officers  desired  to  con¬ 
tradict  that  statement.  He  proposed  to  show 
that  no  conversation  occurred  between  Susan 
Jacobs  and  Mrs.  Eugene  Van  Ness,  but  be¬ 
tween  Mrs.  Julia  Van  Ness,  Mrs.  Loney  and 
Susan  Jacous. 

Mr.  Hagner  said  he  did  not  see  how  it  impli¬ 
cated  Mrs.  Wharton;  she  could  not  be  held 
responsible  if  Susan  Jacobs  chose  to  put  ou 
airs  and  refused  to  aliowladies  to  go  into 
General  Ketchum’s  room. 

Mr.  Revell  said  the  matter  before  the  Court 
was  not  a  collateral  inquiry,  but  the  object 
was  to  affect  the  reliability  of  the  testimony 
of  Susan  Jacobs.  The  State  had  a  perfect 
right,  within  the  rules  of  evidence, 
to  contradict  her  evidence.  The  Court 
had  allowed  her  conversation  with  Mar¬ 
shal  Frey  to  be  given  in  evidence  for  the  very 
purpose  of  laying  the  foundation  for  a  contra¬ 
diction,  and  it  was  competent  for  the  State  to 
give  evidence  to  aflect  the  credit  of  Susan 
Jacobs. 

Mr.  Syester  said  it  was  always  competent 
to  show  what  interest  a  witness  had  in  a  case. 
Susan  Jacobs  had  contradicted  the  State’s 
evidence  to  the  effect  that  General  Ketchum 
was  heard  vomiting  on  Tuesday  afternoon, 
and  that  vomit  was  found  in  his  room  on  that 
afternoon.  She.  might  not  be  regarded  as 
standing  indifferent  between  tne  State  and 
the  accused.  Mr.  Syester  next  referred  to 
Roscoe  on  CrimiualEvidence, section  96.  Could 
it  he  possible  that  Susan  Jacobs  was  to 
bo  allowed  to  make  statements  upon  which 
the  theories  of  medical  experts  had  been 
based,  and  the  State  be  prevented  from  going 
behind  her  testimony  and  showing  its  falsity? 
The  State  desired  to  show  that  Susan  Jacobs 
was  engaged  in  making  a  state  of  affairs  by 
which  General  Ketchum’s  condition  could  not 
be  known.  Was  the  State  to  be  prevented 
from  showing  that  General  Ketchum  was  in 
the  condition  to  which  its  witnesses  had  tes¬ 
tified?  She  had  resorted  to  expediencies  and 
devices  to  prevent  his  real  condition  from 
being  known  to  those  who  would  contradict 
her. 

Mr.  Steele  said  he  did  not  propose  to 
criticise  the  argument  of  the  Attorney 
General,  but  he  had  charged  indirectly 
that  Susan  Jacobs  had  manufactured  testi¬ 
mony,  and  he  would  say  that  wheu  it  came 
to  be  argued  before  the  jury  that  it  might  be 
necessary  to  say  to  them  that  there  were  wit¬ 
nesses  who  had  sworn  in  this  case,  whose  skins 
were  white,  but  who  were  no  more  entitled 
to  credit  for  veracity  than  the  black  woman 
who  had  testified. 

Mr.  Steele  then  read  from  Greenleaf,  449 
sec.,  touching  the  question  of  evidence  in¬ 
volved.  He  did  nor.  suppose  that  the  At¬ 
torney  General  would  say  that  the  paid  ser¬ 
vant  of  Mrs.  Wharton  was  the  only  person  who 
might  be  accused  of  bias  in  this  case;  there  were 
others  whose,  relations  were  closer  and  dearer 
to  those  supposed  to  have  been  injured  by 
Mrs.  Whartou,  than  were  those  between  Mrs. 
Wharton  and  her  servant,  and  would  the 


140 


THE  WHARTON-KETCHUM  TRIAL. 


Attorney  General  say  tbat  they  bad  no  liias? 

Mr.  Steele  then  read  from  Roscoe’s  Criminal 
Evidence,  page  139,  ^nd  said  he  submitted  that 
there  was  no  possible  reason,  no  plausible 
reason  assigned  by  the  State’s  officers,  why  the 
rules  of  evidence  should  be  departed  from. 

The  Chief  Judge  said  the  Court  was  of  the  opin 
ion  that  the  evidence  proposed  to  be  offered  was 
not  admissible,  as  it  did  not  come  within  the 
rule  of  a  witness  testifying  to  a  material  fact 
upon  cross-examination,  which  may  becontra- 
dieted,  but  within  the  rule  of  cross-examina¬ 
tion  on  a  collateral  matter,  by  the  answer  to 
which  the  cross-examining  counsel  must  be 
content. 

Mrs.  Van  Ness  was  then  allowed  to  leave 
the  stand. 

Deputy  Marshal  Frey,  of  Baltimore,  next 
testified — I  had  one  conversation  with  Susan 
Jacobs. 

Mr  Syester  next  asked— Was  General 
Ketchum’s  condition  the  subject  of  that  con¬ 
versation? 


Mr.  Steele  offered  some  objection,  as  the 
case  of  the  defence  had  been  closed,  and  the 
Chief  Judge  said  it  had  been  repeatedly  done 
in  this  Court. 

Mr.  Hagner  desired  to  know  if  she  was  to  be 
asked  new  questions,  or  was  she  to  be  asked 
only  questions  bearing  upon  what  she  had 
testified. 

Mr.  Syester  said  he  would  waive  the  ques¬ 
tion  for  a  time,  and  put  another  witness  on 
the  stand,  that  he  might  in  the  meantime 
refer  to  his  notes,  which  he  had  left  at  his 
hotel.  If  his  notes  did  not  bear  him  out  in  his 
recollection,  he  would  withdraw  the  ques¬ 
tion. 


Marshal  Frey  said  he  had  had  a  conversation 
with  Susan  Jacobs  about  General  Ketchum’s 
condition,  and  continued— I  askert  her  about 
General  Ketchum’s  condition  at  the  time  he 
was  in  Mrs.  Wharton’s  house,  from  Saturday 
afternoon  to  the  hour  of  his  death,  on  Wednes¬ 
day. 

Mr.  Syester  next  asked  the  witness  if  Susan 
Jacobs  had  told  him  anything  about  having 
visited  General  Ketchum  frequently,  and  what 
she  had  said. 

Mr.  Hagner  objected,  and  after  several 
references  to  the  manuscript  and  newspaper 
records  of  Susan  Jacobs’ testimony  and  some 
desultory  discussion,  the  Chief  Judge  said 
there  was  no  doubt  about  the  rule  of  law,  but 
the  Court’s  recollection  of  the  testimony  was, 
that  the  State  had  laid  a  sufficient  foundation 
for  the  question  to  be  asked,  but  if  the  Court 
was  not  right  it  was  willing  that  the  witness, 
Susan  -Jacobs,  should  be  recalled. 


Judge  Hammond  said  he  had  no  recollec¬ 
tion  ot  the  specific  questions  which  were 
asked. 

Judge  Hayden  said  his  recollection  was  that 
th6  Attorney  General  had  asked  a  great  many 
questions  to  which  the  answers  did 
not  appear  in  the  reports  which  had  been 
read;  he  could  not  recall  the  partic¬ 
ular  questions,  but  he  was  under  the  impres¬ 
sion  that  a  sufficient  foundation  bad  been  laid 
for  contradicting  the  witness. 

Messrs.  Hagner.  Revell  and  Steele,  ex¬ 
plained  their  recollection  of  the  cross-exami- 
tion,  and  the  Court  said  that  it  was  willing 
that  the  witness  should  be  recalled. 

Mr.  Steele  said  the  counsel  lor  the  defence 
had  given  their  understanding,  and  would 
of  course  submit  to  the  decision  of  tin}  Court 
without  questioning  it. 

Marshal  Frey  continued — She  told  me  in  the 
presence  of  Marshal  Grey,  who  assisted  in  the 
investigation,  that  she,  had  seldom  visited 
General  Ketchum  during  his  sickness;  I 
asked  her  who  prepared  his  meals. 

Objection  was  made  by  the  defence,  and  the 
Court  said  the  witness.  Susan  Jacobs,  was  in 
Court,  and  she  must  be  called  to  testify  on 
the  controverted  points. 


Marshal  Frey  was  then  allowed  to  leave  the 
stand. 

Prof.  Wm.E.  Aikin  was  next  recalled.  Mr. 
Syester  said  Prof.  Aikin  had  some  vials  in  a 
basket,  which  he  desired  to  briug  into  Court, 
and  the  venerable  Professor  was  allowed  to 
re' ire  to  secure  the  desired  trophies. 

The  Court,  jury,  eouusel  and  spectators 
were  kept  a  few  moments  on  the  tip-toe  of 
expectation,  but  Prof.  Aikin  finally  reap¬ 
peared  bearing  a  basket.  He  took  the  witness 
stand,  and  in  answer  to  Mr.  Syester,  said, 
I  heard  Professor  McCulloch’s  testimony  in 
part  and  read  it. 

Mr.  Syester  then  said  to  Professor  Aikin — 
You  have  heard  the  testimony  of  McCulloch, 
in  which  he  stated  that,  he  had  conducted  an 
analysis  on  chloral  and  yellow  jessamine,  and 
had  employed  in  that  analysis  the  same  tests 
and  reagents  employed  by  you  in  your  analysis 
of  Gen.  K’s.  stomach,  and  obtained  results 
which  a  chemist  might  mistake;  we  desire 
to  know  whether, since  then, you  have  experi¬ 
mented  on  these  substances  in  the  same  way 
and  obtained  any  results  resembling  yours  or 
calculated  to  mislead  a  chemist. 

Mr.  Hagner  quickly  objected,  and  said 
Prof.  Aikin  had  sworn  that  only  antimony 
could  have  eiven  him  his  results,  aud  con¬ 
tended  that  would  it  be  reopening  the  matter 
upon  which  he  had  given  his  testimony  at 
great  length.  He  earnestly  auked  that  the 
Court  would  rule  it  out. 

Mr.  Steels  read  from  the  official  report  of 
Professor  Aikin’s  testimony  that  he  had  de¬ 
clared  that  the  results  were  characteristic  of 
antimony,  and  could  not  have  been  given  by. 
anything  else.  The  State  had  now  no  object 
but  to  cumulate  evidence,  aud  Dr.  Craig  had 
already  said  that  he  was  satisfied  with  two  of 
the  tests  Professor  Aikin  had  employed.  The 
State  could  not,  he  said,  under  the  guise  of 
cross-examination,  introduce  new  proof  to  sus¬ 
tain  their  theory  that 'antimony  alone  could 
have  given  Professor  Aikin  his  results.  Mr. 
Steele  further  argued  the  question  earnestly. 

Mr.  Revell  said  the  question  propounded 
by  the  Attorney  General  was  in  strict  re¬ 
buttal.  Prof.  Aikiu  had  only  negatived  the 
idea  that  any  substauce  known  to  him  would, 
under  the  same  circumstances,  give  the  same 
results.  Prof.  McCulloch  had  said  his  results 
had  opened  a  new  field  of  investigation,  and 
was  it  possible  that  the  State  was  not  to  be 
allowed  to  show  the  inaccuracies  of  this 
science,  so  abstruse,  so  deep,  so  hidden,  and  so 
uncertain?  He  submitted  that  it  was  in  strict 
rebuttal. 


THE  WHARTON-KETCHUM  TRIAL. 


141 


Mr.  Syester  said  the  defence,  in  answering 
he  evidence  of  the  State  as  to  the  analysis  of 
An.  K.’s  stomach,  had  not  confined  them- 
3lves  to  the  tests  followed  by  Prof.  Aikin, 
ut  had  made  every  effort  to  impair  the  force 
Dd  invalidate  the  evidence  of  the  witness  now 
in  the  stand.  They  had  called  experts  to 
bow  that  the  same  results  had  been  obtained 
bom  chloral  and  yellow  jessamine.  It  was  in 
very  view  of  it  new  matter,  and  Dr.  Reese 
ad  gone  into  exstacies  over  it,  and  on  his 
ilemn  oath  declared  that  it  opened  up  a  new 
eld  to  science.  Professor  McCulloch,  Drs. 
ieese  and  Genth  had  forme  d  themselves  into 
mutual  admiration  society,  and  had  held 
ibemselves  up  to  the  public,  the  Court  and 
ie  jury,  which  was  to  be  the  final  arbiters 
f  this  cause,  as  showing  that  Professor 
ikin’s  tests  were  all  fallacious.  I  was 
ntrorjjiced  to  show  that  Professor 
ikin  had  made  false  conclusions.  The  State 
iroposed  to  show  now  the  monstrous  fallacy 
p  which  the  defence  hai  1  resorted.  Was  Prof. 
IcCulloch  to  be  allowed  to  come  into  court, 

I  old  up  a  vial  and  say  to  the  jury, 
there  is  the  same  that  Prof.  Aikin  ob- 
lined?”  The  defence  had  not  been  Rat¬ 
ified  to  put  opinion  against  opinion,  but 
iad  gons  further,  and  had  attempted  to 
how  the  jury  that  the  State’s  evidence 
uas  all  afallacy.  Did  not  the  State  have  a 
ght,  and  did  not  public  justice  have  the  right, 
)  demand  that  this  new  matter  should  be  in- 
uired  into,  and  the  truth  reached  at  last? 
he  State  was  ready  to  show  that  it  was  a 
■aud,  or  the  result  of  the  grossest  ignorance, 
rofessor  McCulloch  had  come  into  court  with 
ials  and  acids  in  his  pockets,  and  had  ex- 
erimeuted,  and  then  sworn  that  the  results 
rofessor  Aikin  had  not  obtained  were  not 
lone  compatible  with  the  presence  of  anti- 
lony,  but  that  other  substances  would  give 
aem.  The  offer  was  now,  on  the  part  of  the 
tate,  to  rebut  new  evidence  brought  to  assail 
re  evidence  of  the  State. 

The  State  was  prepared  to  follow  Professor 
IcCulloch  step  by  step,  and  show  how  fal- 
icious  his  results  had  been.  If  Professor 
IcCulloch  said  he  had  obtained  from  his 
kite  cloud  with  the  sulphide  of  ammonium 
:sults  characteristic  alone  of  antimony,  the 
tate  was  prepared  to  meet  him,  aud  show 
lat  it  was  all  false.  The  State  was  prepared, 
io,  to  show  that  the  laws  of  chemistry  for- 
rde  such  results  as  he  had  sworn  his  processes 
id  yielded.  He,  too,  should  be  subjected  to 
io  experimental  crucible,  and  his  accuracy 
dly  tested.  Professor  Aikin  had  been  fully 
sted,  and  they  had  declared  that  he  was  ig- 
irant  and  unfit  to  he  heard  in  a  Court  of 
istice.  The  State  was  now  prepared  to  show 
iat  Professor  McCulloch’s  experiments  would 
■oduce  no  such  results  as  he  had  sworn  to 
jfore  the  jury. 

Mr.  Thomas  said  he  would  not  follow 
ie  example  of  the  Attorney  General, 
ho,  in  addressing  the  Court  on  a  ques- 
on  of  law,  had  addressed  the  jury,  but 
>  would  address  the  Court  on  the  plain 
inciples  of  law,  which  he  considered 
bplicable  to  the  question  before  the  Court. 
!tie  State  had  chosen  to  go  into  the  negative 
'idences  of  the  presence  of  antimony,  and 


had  excluded  itself  from  contradicting  any  of 
the  evidences  offered  by  the  defence  in 
opposition  to  the  negative  evidence  of  the 
presence  of  antimony  in  General  K.’s  stomach. 
The  State’s  officers  had  undertaken  to  meet  in 
advance  the  negative  evidences  of  the 
presence  of  antimony,  aud  Dr.  Aikin  had  used 
the  words,  “such  substances  must  contain  anti¬ 
mony.”  The  witness  had  no  right  to  assert  that 
noother  matter  would  give  such  results,  unless 
he  knew  that  they  would  not,  and  the  defence 
had  really  rebutted  the  State’s  evidence. 
Again,  Professor  Aikin  had  said  “  There  is  no 
one  thing  but  antimony  which  would  give 
those  results,”  and  the  evidence  of  the  defence 
had  been  to  rebut,  that  testimony.  The  at¬ 
tempt  on  the  part  of  the  State  was  to  add  cu¬ 
mulative  evidence  on  points  which  they  had 
brought  out  on  examination  in  chief.  He 
was  sorry  to  have  to  say  that  the  Attor¬ 
ney  General  had  used  language  which  was 
unbecoming  a  gentleman  holding  his  high 
position.  The  gentlemen  of  whom  ho  had 
spoken  were  as  high  in  character  as  any  in 
this  community  or  any  other,  but  the  Attor¬ 
ney  General  of  Maryland  had  chosen  to  say 
that  they  had  practiced  “a  fraud,”  and  had 
held  themselves  up  as  a  mutual  admiration 
society.  He  could  inform  the  Attorney  Gen¬ 
eral  that  if  he  admired  the  witness  on  the 
stand  he  was  alone  in  his  admiration  of  him. 

The  Chief  Judge  said  the  Court  was  of 
opinion  that,  the  testimony  now  offered  came 
directly  within  the  rule  laid  down  in  the  de¬ 
cision  of  the  Court  on  Saturday,  and  was  ad¬ 
missible.  The  defence  had  experimented  on 
particular  substances,  and  if  the  same  sub¬ 
stances  had  been  experimented  on  by  the 
State,  and  produced  different  results,  it  was 
only  replying  to  the  defence  on  the  new  point 
raised  by  them. 

The  Court  here  adjourned  until  10  A.  M.  to¬ 
morrow. 

Great  interest  was  manifested  to  day,  and 
the  attendance  was  very  large.  The  jury 
does  not  seem  to  relish  the  idea  of  hearing 
more  chemical  testimony,  and  the  foreman 
was  heard  to  express  the  hope  that  Professor 
Aikin  would  break  his  bottles  before  the 
Court  met  again.  Professor  Aikin  was  ob¬ 
served  to  handle  his  basket  very  tenderly, 
and  to  watch  it  closely.  At  times  to-day 
Mrs.  Wharton  appeared  anxious,  but  is  still 
calm. 

Since  the  last  decision  of  the  Court  it  is  an¬ 
ticipated  that  the  trial  will  now  be'considera- 
bly  protracted,  and  it  is  understood  that  the 
State  has  chemical  testimony  additional  to 
that  now  in  the  possession  of  Professor 
Aikin. 


TIIIKTY-SaXTTaa  O’&'W. 

Annapolis,  January  16,  1872. 

The  proceedings  on  yesterday  in  Mrs.  Whar¬ 
ton’s  trial  were  exciting  and  important.  At 
no  other  previous  stage  of'  the  trial  had  the 
opposing  counsel  exhibited  so  much  determi¬ 
nation  to  urge  their  views  upon  the  Court, 
and  the  arguments  partook  more  than  on  any 
preceding  occasion  of  the  spirit  and  temper  of 
recrimination.  The  spectators  seemed  to 
enjoy  the  excitement  and  to  share  in  the  feel 


142 


THE  WHARTON-KETCHUM  TRIAL. 


ings  of  the  legal  combatants.  The  jury,  too, 
appeared  not  averse  to  witnessing  a  contest  of 
such  a  character  and  to  forget,  for  a  time,  the 
tedium  of  their  position.  An  unusually  large 
number  of  ladies  were  present,  and  they  paid 
great  attention  to  all  that  occurred. 

The  interest  exhibited  by  the  ladies  is  re¬ 
markable  for  its  constancy,  and  they  appear 
to  have  formed  themselves  into  a  court  for 
the  hearing  of  ail  the  testimony,  arguments 
and  decisions,  aud  doubtless  for  the  forma¬ 
tion  aud  expression  of  opinions.  A  fair  repre¬ 
sentative  of  the  sex,  who  attends  the  trial 
only  eemi-occasionally,  has  declared  that  she 
“got  mad”  a  day  or  two  since  “because  she 
could  not  say  anything  herself.”  A  trial  of 
female  wits  would  doubtless  be  an  instruc¬ 
tive  commentary  upon  legal  proceedings. 
Notwithstanding  the  beating  snow  storm  of 
last  night  a  large  number  of  ladies  were 
present  this  morning  in  advance  of  the  open¬ 
ing  of  the  court,  and  there  is  something  of  a 
contest  among  them  for  the  best  seats.  Mrs. 
Wharton  and  her  daughter,  accompanied  by 
Mr.  J.  Crawford  Ne.ilson,  entered  the  court 
room  shortly  before  10  o’clock  this  morning, 
aud  took  their  accustomed  seats.  Mrs.  Whar¬ 
ton  appeared  as  calm  as  on  the  first  day  of  her 
trial,  and  enteted  with  as  firm  a  step. 

Upon  the  opening  of  the  Court  to-day  Pro¬ 
fessor  Wm.E.  Aikin  was  recalled,  and  in  an¬ 
swer  to  Mr.  Syester,  testified— On  Monday  of 
last  week  I  was  instructed  by  the  Attorney 
General  to  proceed  to  investigate  this  new  dis¬ 
covery  of  Professor  McCulloch;  I  provided 
myself  with  yellow  jessamine  and  chloral 
from  Mr.  Gosman’s  drug  store,  and  then,  tak¬ 
ing  Professor  McCulloch’s  statement  as  I  read 
it  in  a  newspaper,  I  provided  myself  with  all 
the  materials  he  used;  the  portion  represent¬ 
ing  the  contents  of  the  stomach  was  repre¬ 
sented  by  a  solution  of  albumen  and  otLer 
things.  Here  he  referred  to  hisnote,  and  con¬ 
tinued. 

To  Mr.  Steele — I  did  not  make  this  memo¬ 
randum  at  the  time,  but  made  it  from  the  one 
which  I  made  at.  the  time  I  made  the  experi¬ 
ment;  taking  Professor  McCulloch’s  state¬ 
ments  that  lie  took  the  same  materials  which 
I  did  and  applied  the  same  tests,  I  failed 
utterly  In  getting  the  results  which  he  ob¬ 
tained;  I  can  show  exactly  what  I  did 
not  g£t  and  what  I  did  get,  as  I 
brought  the  liquids  down  with  me; 
here  my  first  experiment  was  with 
what  represented  the  contents  of  the 
stomach;  with  that. liquid  I  used  sulphurretted 
hydrogen;  I  got  this  turbid  liquid  [here  he 
held  up  a  vial  containing  a  turbid  whitish 
fluid];  it  is  marked  with  the  letter  V.  and  is 
marked,  also,  “food”  and  “chemicals;”  it  has 
not  the  most  remote  resemblance  to  .vhat  I 
got  in  my  analysis  of  General  K.’s  stomach:  I 
next  proceeded  to  ascertain  if  chloral  by  itself, 
or  with  yellow  jessamine,  would  give  the  same 
results:  I  first  passed  sulphurretted  hydrogen 
through  the  yellow  jessamine,  and  got 
this  [here  he  <held  up  a  vial  con¬ 
taining  a  yellow  looking  liquid];  it  bears 
no  resemblance  to  the  results  I  got  in  my 
analysis  of  General  Ketchum’s  stomach;  his 
vial  is  marked  tincture  of  gelseminum, 
containing  a  resinous  principle  that  would 


be  precipitated  by  water;  I  suspecte 
the  apparent  action  of  the  sulphuretted  In 
drogeu  might  be  in  reality  the  efiect  of  ti 
water  used  in  making  the  solution  of  yelloj 
jessamine;  I  then  added  hydrant  water  1 
the  same  tincture  of  jessamine  and  found  tl 
result  as  I  anticipated;  a  deposit  was  pri 
duced  very  similar  to  that  in  the  vial  whei 
sulphuretted  hydrogen  was  used,  as  seen  her 
I  then  proceeded  to  examine  chloral  by  it 
self,  and  passed  sulphuretted  bydroge 
through  an  acid  solution  of  chloral;  this  is  tl 
result  (here  he  held  up  a  vial  containing 
pearly,  colorless,  whitish  liquid,  with  the  pn 
cipitare  adhering  principally  on  the  sides  < 
the  vial.  He  continued — These  results  bore  i 
resemblance  whatever  to  those  1  g< 
in  my  analysis  of  General  Ketchum’s  ston 
ach;  I  marked  the  third  vial  wii 
the  letter  “T”  and  “chloral,  tartaric  act 
and  sulphuretted  hydrogen”  written  beta  eat 
I  next  tried  tincture  of  yellow  jessamine  i 
connection  with  tartaric  acid,  and  obtaiue 
an  equally  colorless  deposit,  but  the  color  < 
the  liquid  was  yellowish;  I  got  a  chloral  pr. 

,  cipitato  exactly  like  Dr.  McCulloch;  I  r 
sorted  to  the  process  he  used  here  in  Corn 
and  instead  of  using  sulphuretted  bydroge 
I  used  sulphide  of  ammonium;  I  got,  a  pri 
cipitate  like  Professor  McCulloch’s;  the  use  ( 
sulphide  of  ammonium  explained  to  me  Pn 
fessor  McCulloch’s  oversight  in  using  an  alk 
line  solution  iustead  of  an  acid  one;  in  my  fir 
step  I  used  sulphuretted  hydrogen  instead  . 
sulphide  of  ammonium;  I  have  here  a  vie 
lettered  “B,”  a  solution  of  chloral  tincture  > 
gelseminum  and  organic  matters,  and  on  tl 
other  side  of  the  label  is  sulphide  of  a  nun 
nia;  this  I  believe  is  the  experiment  Profess. 
McCulloch  made  in  the  court  room;  1  a 
afraid  all  the  gelseminum  1  used  was  in  co 
nectiou  with  chloral:  I  have  here  what  repr 
I  sents  that  tincture  of  yellow  jessamine  ust 
with  sulphide  of  ammonia:  the  coloring  nia 
ter  remained  in  the  liquid,  aud  a  white  sed 
ment  was  in  the  bottom:  I  took  the  precipita 
which  resulted  from  the  sulphide  of  ammoniu 
used  with  yellow  jessamine  and  chloral  ando 
gauic  matters,  and  another  which  I  obtaiue 
i  by  using  a  solution  representing  the  con  ten 
I  oi'  the  stomach  of  Gen  Iv.,  and  compared  thei 
,  the  chloral  precipitate  I  tried  to  dissolve 
strong  boiling  hydrochloric  acid,  and  it  w: 
rvefy  sparingly  soluble;  I  examined  the  pr 
j  cipitato  which  was  thrown  down  from  tl 
other  solution,  and  fouud  that  wholly  di 
solved;  the  precipitate  I  got  from  the  soluti( 
which  represented  the  contents  of  Gener 
Ketchum’s  stomach  ..as  soluble  in  boilii 
hydrochloric  acid,  but  the  precipitate  I  g 
from  the  chloral  and  yellow  jessamine  au 
organic  matters  was  only  sparingly  soluble 
hydrochloric  acid;  I  got  the  white  cloud  fro 
my  work  on  General  K.’s  stomach;  it  dii 
solved  in  tartaric  acid,  but  in  the  whi 
J  cloud  I  got  by  following  Prof.  McCulloc 
:  would  not  dissolve  iu  tartaric  acid;  th 
j  which  represented  the  contents  of  the  stomai 
;  gave  me  this  clear  liquid,  aud  the  one  o 
tained  from  the  chloral  deposit  did  not  di 
|  solve;  the  acid  liquid  remains  turbid  iuste: 

:  of  being  limpid;  the  white  cloud  formed  l 
j  the  antimonial  compound  gave  me,  win 


THE  WHARTON-KETC HUM  TRIAL. 


143 


•eated  with,  tartaric  acid,  this  (here 
b  held  up  a  clear  liquid) — but  Mr. 
teele  promptly  objected,  and  it  was  put 
tck  in  the  paper  collar  box  with  the  others;  j 
le  white  cloud,  which  was  supplied  by  the 
cecipitate  I  got  from  General  K.’s  stomach, 
hen  treated  with  sulphide  of  ammonium, 
avo  me  an  orange  red  precipitate,  but  when 
treated  similarly  the  chloral  precipitate  I 
ot  this  whitish  precipitate;  I  have  noted  the 
me  in  which  th  results  showed  themselves; 
rhen  sulphuretted  hydrogen  was  passing  for 
ne  hour  through  the  mixture  used  by  Prof. 
IcCulloch  I  found  it  was  slow  in  its  action; 
'hen  chloral  and  tinct.  gelseminum  was 
reated  with  sulphuretted  hydrogen  for  half 
ii  hour  I  got  a  similar  action;  in  my  experi- 
lents  upon  what  represented  the  contents 
f  the  stomach  of  General  Ketchum 
got  results  in  about  two  seconds; 
he  one  fundamental  error  made  by  Professor 
IcCulloch  was  in  overlooking  the  character 
f  the  solution  he  used;  it  is  inadmissible,  in 
xamining  for  antimony,  to  use  an  alkaline 
olution,  as  Professor  McCulloch  must  have 
one.  Professor  Aikin  now  took  out  a  precipi- 
ate  dried  on  a  piece  of  filtering  paper,  and 
ontinued — I  took  the  colored  liquid  which 
’rofessor  McCulloch  obtained;  it  is  very  im¬ 
portant  to  determine  the  color  of  the  precipi- 
ate  by  separation;  the  precipitate  is  a  dingy 
*Thite.  [Here  Professor  Aikin  showed  it  to  the 
ary.]  He  continued — Nobody  but  a  blind  man 
ould  mistake  it.  [The  piece  of  paper  was 
ow  passed  to  the  jury  and  examined  by 
hem.]  Professor  Aikin  then  passed  to  the 
iry  the  vial  of  dark  liquid  from  which  he  had 
btained  the  precipitate  exhibited  on  the 
ltering  paper.  He  continued — It  does  not 
ear  the  slightest  resemblance  to  the  preci- 
it-ate  I  obtained  from  General  K.’s  stomach; 
have  here  an  antimonial  precipitate. 

Mr.  Hagner  objected  to  the  introduction  of 
his  testimony,  and  the  Court  said  it  would 
ear  the  question  argued. 

Mr.  Hagner  said  he  had  understood  that 
'rofessor  Aikin  had  said  he  had  experimented 
.nth  the  supposed  contents  of  General  K’s 
tomach  and  gotten  results  differ -nt  from 
lose  obtained  by  Professor  McCulloch,  and 
e  further  argued  that  the  subsequent  results 
•ere  not  so  simulated  as  to  be  admissible  as 
vidence  to  the  jury, 

Mr.  Revell  reblied  and  said  he  thought  it 
as  admissible  'to  let  the  jury  know  the  re- 
pts. 

Mr.  Syester  said  Professor  McCulloch  had 
vorn  that  his  results  were  similar  to 
lose  which  an  autimouial  compound 
ould  yield,  and  he  did  not  suppose  it 
onld  be  wrong  to  show  that  he 
mid  not  have  gotten  a  result  which  wou  d 
ive  deceived  any  one.  Professor  Aikin  had 
cperimeuted  with  an  antimonial  compound, 
id  the  State  desired  to  show  the  two  precipi¬ 
ces  to  the  jury  and  let  them  decide  if  it 
mid  have  been  mistaken. 

Mr.  Steele  said  he  thought  his  brothers  had 
>rerlookcd  the  fact  that  they  were  now 
xeiing  rebutting  testimonv.  Professor  Aikin 
id  given  his  testunony-in-chief  as  to  specific 
dors  and  results,  and  without  showing  re- 
ilts.  He  was  proceeding  to  address  the  Court 


when  Judge  Hayden  interrupted  and  said  he 
understood  that  the  offer  was  now  to  show 
what  were  the  results  obtained  by  using  anti¬ 
mony  in  contradistinction  to  the  absence 'of 
antimony. 

Mr.  Steele  said  the  defence  were  not  object¬ 
ing  to  the  right  of  the  State  to  offer  such  tes¬ 
timony,  but  to  the  time  at  which  it  was  being 
offered.  The  defence  had  closed  its  case,  and 
now  after  the  same  question  had  been  brought 
forward  by  the  State  in  its  testimony,  the  at¬ 
tempt  was  made  to  confirm  their  testimony 
in  chief  that  antimony,  and  antimouy  alone, 
would  give  the  results  Professor  Aikin  ob¬ 
tained.  It  would  work  a  great  wrong  and  in¬ 
justice  to  the  prisoner,  and  he  submitted  that 
by  all  the  rules  of  evidence  it  was  not  admis¬ 
sible. 

The  Chief  Judge  said  the  Court  would  con¬ 
fine  the  witness  to  his  testimony,  and  not  al¬ 
low  him  to  exhibit  an  antimonial  compound 
to  the  jury.  He  could  swear  to  the  results 
from  the  two  precipitates  in  question. 

Judge  Hayden  said  lie  differed  with  great 
reluctance  from  the  balance  of  the  Court.  It 
was  his  opinion  that  the  two  experiments 
(with  and  without  antimony)  could  be  shown 
the  jury,  and  they  allowed  to  judge. 

Professor  Aikin  continued — The  two  pre¬ 
cipitates  were  obtained  from  precisely  the 
same  liquids  and  by  the  same  reagents, except 
that  antimony  was  present  in  one  and  not  in 
the  other;  one  precipitate  was  turbid  white 
and  the  other  an  orange  red;  to  one  afflicted 
with  color  blindness,  which  is  a  disease — here 
the  Court  interrupted  the  witness.  He  con¬ 
tinued— I  cannot  see  how  it  is  possible  that 
anybody  in  the  possession  of  his  senses  could, 
mistake  one  result  for  the  other. 

Professor  Aikin  was  now  turned  over  to  the 
defence,  but  Mr.  Steele  said  he  did  not  desire 
to  ask  him  any  questions. 

He  was  recalled  for  a  moment  and  said,  in 
answer  to  Mr.  Steele,  whether  Berzilhus  was 
an  authority  in  chemical  matters,  that  in  his 
opinion  Berzillius  was  undoubted  authority. 

Dr.  Christopher  Johusfou  next  testified — 1 
reside  in  Baltimore,  at  S2  Franklin  stieetrl 
practice  medicine  and  surgery;  I  am  at  pres¬ 
ent  Professor  of  Surgery  iu  Che  University  of 
Maryland;  I  have  been  Professor  there  for 
seven  years:  before  occupying  my  present 
chair  I  was  Professor  of  the  Principles  and 
Practices  of  Surgery;  I  have  been  practicing 
medicine  about,  twenty-five  years;  my  practice 
extends  through  fill  sections  of  Baltimore; 
cerebrospinal  meningitis  was  not  an  epidemic 
in  Baltimore  last  year. 

Mr.  Kevell  now  read  to  the  witness  the 
hypothetical  statement  of  the  defence,  which 
was  published  in  the  Gazette. 

Professor  Johnston  answered — In  my  opin¬ 
ion  the  party  therein  described  did  '  not  die 
from  cerebro  spinal  meningitis;  as  that  pic¬ 
ture  presents  no  symptoms  with  which  I  am 
acquainted,  I  should  infer  that  he  died  from 
non-natural  cause;  I  am  acquainted  with  cer¬ 
ebro  spinal  meningitis. 

To  Mr.  Steele— I  saw  last  year  two  cases, 
both  children,  one  in  consultation  with  Dr. 
Kirby,  and  the  other  with  Dr.  Bull,  which 
were  referred  to  cerebro  spinal  meningitis; 
casually,  I  may  have  heard  of  other  cases, 


144 


THE  WHA R TON-KETCHUM  TRIAL. 


but  I  do  not  remember  bearing  of  any  specific 
cases;  to  the  best  of  my  recollection  I  did  not 
hear  the  profession  speak  of  any  other  cases;  I 
attended  Mr.  Edward  Sangstou,  who  lived  in 
Monument  street,  and  I  certified  to  the  insur¬ 
ance  company  that  he  died  of  meningitis;  I 
found  him  in  a  convulsion  in  the  morning,  he 
rallied  a  little  and  then  died:  he  lived  at  the 
northwest  corner  of  Monument  and  Calvert 
streets;  I  did  not  observe  opisthatonas;  he  was 
out  walking  with  his  wife  the  evening  be¬ 
fore:  I  should  call  his  convulsion  of  an 
epileptic  form;  I  found  him  in  a  dying  state 
and  1  did  not  investigate  the  condition  of  his 
urine;  as  soon  as  he  was  taken  his  father 
came  for  me;  I  dressed  quickly,  went  with 
him,  and  stayed  with  him  until  he  died;  Mrs. 
Chesborougli  died  recently  in  Baltimore  of 
cerebro  spinal  meningitis. 

Mr.  Syester  objected,  as  the  case  had  oc¬ 
curred  s;nce  the  trial  had  been  in  progress. 
He  would  waive  his  objection  if  the  defence 
would  allow  the  State  to  investigate  into  the 
new  matter. 

Mr.  Steele  did  not  insist,  and  Pro¬ 
fessor  Johnston  continued— I  have  no 
recollection  of  having  heard  cerebro  spinal 
meningitis  spoken  of  either  as  epidemic  or 
endemic  in  Baltimore  during  the  last  year. 

To  Mr.  Revell— Mr.  Sangston’s  disease  was 
positively  not  cerebro  spinal  meningitis. 

Dr.  P.  C.  Williams  was  again  recalled,  aud 
testified— I  have  read  the  hypothetical  state¬ 
ment  of  the  defence. 

The  Court  said  Dr.  Williams  must  now  di¬ 
vest  himself  of  all  knowledge  of  the  case  as 
he  had  seen  it,  aud  confine  himself  to  the  hy¬ 
pothetical  statement. 

Mr.  Hagner  objected,  and  said  Dr.  Williams 
was  called  upon  in  reality  to  pass  upon  his 
own  testimony. 

The  Court  said  Dr.  Williams  had  given  his 
opinion  of  the  case  simply  as  it  came  under 
liis  observation,  but  it  bad  been  since  modi¬ 
fied  bv  Susan  Jacobs’  testimony. 

Dr.  Williams  continued— I  am  familiar  with 
cerebro  spinal  meningitis;  it  was  not  epidemic 
in  Baltimore  during  last  year,  or  in 
any  preceding  year,  that  I  know  of; 
1  "  live  about  a  square  from  Mrs. 
Wharton’s,  and  I  heard  of  no  cases  of 
cerebro  spinal  meningitis  in  the  northwestern 
section  of  Baltimore;  I  do  not  think  the  pa¬ 
tient  described  in  the  hypothetical  statement 
died  of  cerebro  spiual  meningitis,  or  of  a 
natural  cause. 

Mr.  Sy ester  next  asked  the  witness  if  hype¬ 
resthesia  was  present  in  General  K.’s  case, 
but  objection  was  made  by  Mr.  Steele,  apd  the 
Court  ruled  it  out. 

Mr.  Syester  next  asked  the  witness  if  there 
was  suppression  of  urine,  but  objection  was 
made  aud  sustained  by  the  Court. 

To  Mr.  Steele  —I  attended  one.  case  of  cere¬ 
bro  spinal  meningitis,  but  by  general  conver¬ 
sation  know  of  others:  I  learned  from  the 
reading  in  our  Medical  Association  of  Dr. 
Arnold’s  article  there  were  other  cases;  those 
were  all  I  heard. 

Mr.  Syester  now  said  the  State  had  ad¬ 
ditional'  testimony  to  otter,  and  suggested 
that  the  jury  be  retired.  The  jury  was  accord¬ 
ingly  retired. 


Mr.  Syester  fsaid  the  offer  the  State  pr& 
posed  to  make  was  a  simple  one.  The  ex¬ 
perts  for  the  defence  had  assailed  the  analyse.1 
of  Professor  Tonry,  and  said  his  results  wer< 
insufficient.  Professor  Tonry  had  mad< 
further  tests,  and  had  now  the  metallic  anti 
mony  in  the  Court  which,  he  was  willing  t< 
submit  to  the  Court  and  jury,  and  to  the  testt 
of  tbe  experts  of  the  defence.  The  State’f 
officers  considered  it  admissible  or 
two  grounds,  first,  that  it  was  new  mattei 
discovered  since  the  commencement  of  the 
trial,  and  second,  that  it  was  strictly  in  re¬ 
buttal;  Professors  McCulloch,  Genth,  Reese 
and  White  had  declared  on  their  oaths  that 
the  results  obtained  by  Professor  Tonry  were 
insufficient,  and  that  the  spots  which  he  de¬ 
clared  were  antimonial,  were  not  antimouial, 
and  that  there  was  no  antimony  in  General 
K.’s  liver  or  kidneys;  the  State’s  chemist  had 
now  pursued  the  same  tests  as  he  first  used 
on  the  first  portion  of  the  liver,  and  he  now 
had  the  metal  in  Court,  to  be  subjected  to  the 
tests  of  the  experts  of  the  defence, 
and  to  make  certaiu  that  which  they 
had  declared  uncertain.  The  State  had  pro¬ 
duced  the  metal,  and  he  considered  that  it 
would  put  to  flight  the  theories  of  the  experts 
for  the  defence.  The  testimony  was  clearly 
admissible  also  on  the  ground  that  it  had  been 
discovered  since  the  State  had  closed  its  case. 
Dr.  Warren,  the  chief  medical  witness  for  the 
defence,  had  confessed  that  if  antimony  had 
been  discovered  in  General  K.’s  stomach  it 
would  put  to  flight  his  belief  as  to  the  cause 
of  General  K.’s  death.  The  State  could  not 
have  possessed  itself  sooner  of  this  testimony, 
and  it  was  due  to  the  State  that  all  the  facts 
should  be  eliminated  and  brought  forward. 
Even  though  the  trial  had  closed  and  the  jury 
had  returned  a  verdict  of  guilty  against  the 
greatest  crimiual  in  the  annals  of  time,  the 
discovery  of  new  evidence  would  be  sufficient 
grounds  upon  which  to  move  for  a  new  trial. 

The  Chief  Judge  said  it  could  be  done  if  due 
diligence  had  been  used  in  discovering  the 
new  evidence. 

Mr.  Syester  continued  to  argue  that  the  tes¬ 
timony  was  admissible  on  the  second  ground 
he  had  named.  It  might  be  contended  that 
the  State  could  have  come  before  armed  with 
this  testimony,  but  no  one  could  have  dreamed 
that  it  would  be  contended  by  the  defence 
that  the  metal  should  be  produced;  the  books 
did  not  so  lay  it  down. 

The  Chief  Judge  said  that  question  could  be 
argued  before  the  jury. 

Mr.  Syester  replied  that  he  would  argue  it 
before  the  jury. 

The  Chief  Judge  said  it  had  allowed  an  op¬ 
portunity  before  the  State  had  closed  its  case 
for  Professor  Tonry  to  make  a  complete  analy¬ 
sis,  because  the  Court  thought  the  ends  of 
justice  demanded  it.  The  Court  was  now 
dealing  with  a  question  of  rebuttal  evidence, 
and  must  view  it  alone  iu  that  connection. 
The  testimony  prepared  to  be  offered  went  to 
the  very  heart  of  the  case.and  was  not  strictly 
in  rebuttal.  The  death  had  occurred  in  June, 
aud  a  plenty  of  time  had  been  allowed  for  the 
investigations.  If  the  Court  admitted  Prof. 
Tonry’s  testimony  it  would  entirely  reopen 


THE  WHARTON-KETCHUM  TRIAL. 


145 


;he  case.  The  Court  had  considered  the  ques- 
;ion  and  thought  that  it  could  not  admit. 

Mr.  Revell  said  the  State  here  closed  its 
!ase,  as  Marshal  Frey  was  not  present. 

Mr.  Steele  said,  as  he  observed  that  the  re- 
lorters  were  reporting  Mr.  Syester’s  remarks, 
le  wished  to  say  that  the  counsel  for  the  de- 
ienee  desired  to  say  that  they  positively  and 
smphatically  denied  that  there  had  been  any 
irod action  of  the  metal,  and  to  assert  that  it 
lad  not  been  shown  by  tbe  first  tests,  and 
;hat  they  did  not  believe  the  subsequent  tests 
lad  discovered  it. 

The  defence  then,  at  12:45,  announced  that 
;hey  had  closed  their  case. 

At  this  announcement  there  was  a  stir  in 
:he  court  room,  succeeded  by  a  moment  of  in- 
;ense  excitement.  The  Chief  Judge  next  or- 
lered  a  change  to  be  made  in  the  arrange- 
nents  of  the  seats  of  the  counsel  and  report- 
:rs,  which  created  considerable  moving. 

The  Court  remarked  that  there  must  not  be 
luring  the  argument  by  any  one  a  motion  of 
issent  or  dissent,  and  that  any  offender  would 
>e  removed.  By  consent  of  the  counsel  for 
.he  State,  Mr.  Hagner  next  read  from  Berzil- 
ius,  page  451,  a  passage  touching  the  irnpor- 
iance  of  the  production  of  the  metal. 

Mr,  Revell  then,  at  1:10  P.  M.,  amid  perfect 
lilence,  arose  to  address  the  jury,  and,  after  a 
'racefnl  introduction,  said  he  came  as  a  min¬ 
ster  of  justice,  who  had  no  resentments  to 
'ratify.  It  was  no  unusual  thing  in  the  his- 
ory  of  medical  jurisprudence  that  a  woman 
iccupying  high  social  position  should  be  ac¬ 
cused  of  tbe  crime  of  murder  by  poisoning, 
liven  as  far  back  as  the  days  of  Rome 
t  was  known,  and  in  more  recent 
lays  Madame  Brinvilliers  was  known 
n  France.  He  mentioned  these  in- 
tances  to  show  that  the  crime  of  murder 
iy  poisoning  was  not  unusual  Six  weeks  ago 
he  accused  had  entered  this  Court  clad  in  the 
restments  of  innocence.  Now  the  scene  was 
hanged,  and  Mrs.  Wharton  now  stood  before 
he  world  with  her  hands  stained  with  the 
dood  of  murdered  Ketchum.  All  that 
Ltirnan  skill  and  foresight  could  do  had 
ieen  done  for  her,  and  her  counsel  were 
mexcelled.  Poor  Ketchum  sleeps  in  his 
;rave,  with  none  to  plead  for  him,  unless  it 
vere  his  virtues,  which,  trumpet-tongued, 
ileaded  against  the  deep  damnation  of  his 
aking  off.  Mr.  Revell  then  earnestly  ex- 
lorted  the  jury  to  exclude  from  their  minds 
,11  extraneous  matter,  and  to  discharge  the 
luty  which  they  owed  alike  to  God,  them- 
elves  and  their  couutry.  They  were  to  give 
,  Verdict  in  accordance  with  the  facts  in  the 
ase,  and  with  them  alone. 

Mr.  Revell  next  referred  to  the  legal  defin 
tion  of  murder  and  the  investigation  the 
ury  was  to  make  in  determining  the  question 
f  malice.  The  case  was  ever  one  of  murder 
n  the  first  degree,  or  else  Mrs.  Wharton  was 
ntitled  to  go  free.  The  Court  had  ruled  out 
one  of  the  matters  which  he  had  mentioned 
n  his  opening  statement,  and  the 
ary  was  to  discard  them  from  their 
onsideration.  The  indictment  contained 
our  counts,  and  Mr.  Revell  briefly  reviewed 
he  final  count,  which  charged  the  ad¬ 
ministration  of  an.  unknown  poison  on  the 


day  of  Gen.  Ivetchum’s  death.  The  jury  then 
would  not  be  required  to  determine  the  char¬ 
acter  of  that  poison,  but  only  if  a  poison  had 
been  administered.  Mr.  Revell  next  read 
from  the  testimony  in  reference  to  Gen. 
Ketchum’s  character,  and  said  here  is  the 
victim  whose  life  we  say  has  been  taken,  and 
who  the  defence  contended  had  died 
from  cerebro  spinal  meningitis.  He 
would  beg  the  jury  to  bear  in  mind 
the  character  and  physical  strength  of  the  man 
who  had  been  presented  to  them  by  the  testi¬ 
mony.  At  7  A.M.,  June  24,  he  was  seen  by 
Judge  Sherman,  in  Washington,  in  perfect 
health,  and  he  had  seen  him  take  from  his 
pocket  a  memorandum  book,  made  notes  iu  it 
and  returned  it  to  his  pocket.  He  begged  the 
jury  to  bear  this  fact  in  mind.  Mr.  Revell  then 
followed  General  Ketchum  as  his  movements 
had  been  testified  to  by  the  State’s  witnessess. 

When  he  reached  Mrs.  Wharton’s  house  he 
was  not  debilitated  or  fatigued  from  his 
travels,  and  he  had  come  from  a  city  which 
the  State  had  a  right  to  assume  was  per¬ 
fectly  healthy,  and  certainly  with  no  cerebro 
spinal  meningitis  in  its  limits.  At  Mrs. 
Wharton’s  he  had  showed  his  humor  by  rally¬ 
ing  Mrs.  Hutton  as  a  poor  nervous  creature. 
Well  might  she  be  nervous  within  Mrs.  Whar¬ 
ton’s  doors.  General  Ketchum  had  been  at¬ 
tacked  the  night  of  his  arrival  with 
cholera  morbus,  and  the  testimony  had  shown 
that  the  symptoms  of  that  disease  were  simi¬ 
lar  to  those  of  tartar  emetic  poisoning.  Mr. 
Revell  then  reviewed  the  statements  made  by 
the  State’s  witness  as  to  the  symptoms  and 
sickness  of  General  Ketchum  before  Dr.  Wil¬ 
liams  was  sent  for.  He  was  found  sufferiug 
with  nausea  and  holding  a  slop-jar  between 
his  knees,  not  holding  it  between  his  knees, 
but  having  it  between  his  knees.  He  contin¬ 
ued  to  improve.  Mrs.  Wharton  had  been 
seen  by  Mr.  McAvoy  looking  for  brandy  and 
peppermint,  and  he  wished  the  jury  to  bear  in 
mind  that  Mrs.  Wharton  had  not  gone  to  bed 
regularly  any  night,  aud  the  State’s  testi¬ 
mony  showed  that  she  was  not  in  Mr.  Eugene 
Van  Ness’ room.  He  desired  the  jury  to  bear 
in  mind  his  symptoms  as  they  occurred,  for 
they  all  bore  upon  the  theory  set  up  by  the 
defence  that  he  died  from  cerebro  spinal 
meningitis.  Dr.  McClurg  had  come  as  a 
wonderful  apostle  of  medicine;  had  come  to 
base  an  opinion  upon  ex  parte  statements  of 
the  defence,  and  to  say  that  Dr.  Williams,  who 
stood  as  high  as  any  medical  gentleman  in 
Baltimore,  had  made  a  mistake.  He  had  said 
that  Dr.  Williams  did  not  know  what 
he  was  talking  about,  and  that  if  he,  the  em¬ 
bodiment  of  all  medical  wisdom,  had  seen  the 
symptoms,  he  could  have  told  what  was  Gen. 
K.’s  disease.  Mr.  Revell  theD  referred  to  the 
official  report  of  Dr.  Williams’  testimony,  and 
remarked,  as  he  proceeded,  upon  the  character 
aud  succession  of  General  K.’s  symptoms. 
Gen  K.  had  shown,  even  from  the  beginning  of 
his  sickness,  mind  and  intellect.and  that  ruling 
passion,  stiong  in  death,  which  had  prompted 
him  to  note  down  all  his  expenditures,  and 
those  exact  habits  which  distinguished  him 

If  the  jury  believed  Susan  Jacobs  told  the 
truth  when  she  said  that  General  K.  had  on 
Tuesday  had  the  conversation  with  her  about 


146 


THE  WHARTON-KETCHUM  TRIAL. 


bis  taking  medicines,  they  must  believe  that! 
General  K.  falsified.  He  (Mr.  Revell)  would 
show  to  the  jury,  in  the  course  of  his  argu¬ 
ment,  that  Susan  Jacobs  was  entitled  to  no 
credit.  If  she  had  told  the  truth,  then  Mrs. 
Wharton  bad  falsified,  and  if  Mrs.  Wharton 
falsified  the  witnesses  who  had  sworn  here 
had  sworn  falsely. 

Mr.  Revell  here  alluded  at  some  length  to  the 
scene  in  General  K.’s  room  when  the  vial  was 
discovered,  and  commented  in  earnest  terms 
upon  the  testimony  of  Susan  Jacobs,  as  to 
the  occurrences  at  that  time.  In  less  than 
fifteen  minutes  after  Mrs.  Wharton  had  left, 
withtColonel  Louey,  on  Tuesday  afternoon. 
General  Ivetchum  had  been  heard  vomiting 
violently,  as  Mrs.  Louey  testified,  and  when 
she  went  to  Susan  Jacobs  and  asked  that 
some  one  be  allowed  to  go  to  him, she  had  said 
no,  he  is  a  queer  old  man  and  would  not  like 
to  find  a  lady  in  his  room.  So  General 
Ketehum  was  left  alone  with  no  one  to  min¬ 
ister  to  him  or  inquire  iuto  his  wants. 
Mr.  Revell  then  read  at  length  from  the  offi¬ 
cial  report  of  Dr.  Williams’  testimony  as 
to  his  efforts  in  rousing  General  K.,  and  his 
apearance  at  the  time  ho  and  Mr.  Hutton  had 
assisted  him  from  the  lounge  to  his  bed.  He 
then  followed  closely  the  testimony  as  to  the 
symptoms  and  death  of  General  K.,  and  in 
conclusion,  Mrs.  Wharton,  the  only  friend 
of  Gen.  K.,  had  turned  first  from  his  death¬ 
bed.  and  never  saw  him  alive  again.  He  now 
turned  his  attent  ion  to  the  medical  theories  of 
the  defence,  and  said  the  State  had  been 
drifted  about  from  theory  to  theory.  The  theo¬ 
ries  of  permanent  injury  from  his  fall  from 
his  horse  in  1S58,  of  death  from  laudanum,  or 
cholera  morbus,  or  tetanus,  had  been  aban¬ 
doned,  and  the  defence  had,  at  last,  fastened 
upon  cerebro  spinal  meningitis.  He  would 
say  that  it  was  an  insult  to  science,  and  to  the 
high  professional  attainments  of  Dr.  Wil¬ 
liams,  to  say  that  he  alone  would  least  know 
whether  or  not  General  Ketehum  was  suffer¬ 
in'  from  cerebro  spinal  meningitis. 

Mr.  Revell  then  referred  to  the  hypothetical 
statement  of  the  defence,  and  desired  to  see 
what  value  was  to  be  attached  to  the  testi¬ 
mony  of  Drs.  Warren  and  all  who  bad  come 
after  him.  He  inquired  of  the  jury  if  they 
could  say  that  such  a  statement  as  the  defence 
had  offered  contained  the  appropriate  facts  of 
General  Iv.’s  sickness.  lie  then  noted  briefly 
the  omissions.  He  asked  the  jury  to  consider 
if  the  shiver  which  passed  over  General  K. 
could  warrant  the  far-fetched  idea  that  he  died 
from  cerebro  spinal  meningitis.  Mrs.  Hutton 
had  been  by  him  as  a  ministering 
angel,  and  had  not,  as  she  kept  rubbing  his 
hands,  observed  any  shiver.  It  was  a  house 
of  sand  built  by  the  defence,  and  no  wonder 
that  all  the  witnesses  for  the  State,  from  Dr. 
Smith  down,  had  scouted  the  idea.  When 
General  K.  was  suffering  the  agonies  of  death 
he  had,  in  answer  to  an  inquiry  as  to  where 
his  pain  was,  replied,  "In  m.v  stomach,  sir.” 
That  alone  was  incompatible  with  the  idea  of 
death  from  cerebro  spinal  meningitis.  Mr. 
Revell  next  came  to  tko  post  mortem 
evidences,  reviewing  them  at  some  length 
aud  commenting  with  great  particularity 
upon  them,  and  claiming  that  they  gave  no 


I  evidence  that  General  K.  had  died  of  cerebro 
spinal  meningitis.  He  would  ask  the  jury  if 
the  opinions  of  those  who  had  formed  their 
judgments  upon  such  an  ex  parte  statement 
were  worthy  of  weight. 

At  this  time,  2:55  P.  M.,  the  Court  informed 
Mr.  Revell  that  he  could  continue  his  argu¬ 
ment  to-morrow,  and  adjourned  until  10  A.  M. 
to-morrow. 

Mrs.  Wharton  was  as  calm  as  she  has  ever 
been  during  the  time  Mr.  Revell  was  address¬ 
ing  the  jury,  but  listened  attentively.  Mrs. 
Nugent  was  not  present,  to-day,  but  Mr.  and 
Mrs.  Neilson  and  Miss  Rosa  Neilsou  occupied 
their  accustomed  seats.  The  court  room  was 
not  so  crowded  as  had  been  anticipated, 
owing,  doubtless,  to  the  inclemency  of 
the  weather,  and  the  expectation  that 
the  arguments  would  not  commence 
to-day.  Mr.  Revell  was  heard  with 
great  attention  and  spoke  with  his  accus¬ 
tomed  fervor  and  ability. 

Messrs.  Thomas  and  Haguer  will  follow  to¬ 
morrow  for  the  defence,  upon  the  conclusion 
of  Mr.  Reveil’s  arguments. 

To  Messrs.  Steele  and  Syester  will  be  left 
the  final  efforts  in  the  great  trial. 


TIIIRTY-SEVESTH  DAY. 

Annapolis,  January  17,  1S72. 

Yesterday  was  fraught  with  momentous  in¬ 
terest  to  Mrs.  Wharton,  as  the  beginning  of 
the  end  of  her  trial  for  life,  and  the  scene 
which  that  beginning  brought,  in  all  its  sur 
roundings  and  accompaniments,  was  sufficient 
to  stir  the  hearts  of  all  present.  “The  priso¬ 
ner  at  the  bar,”  as  she  is  known  in  the  par 
lance  of  lawyers,  seemed  to  appreciate  the 
solemnity  of  the  hours  and  the  gravity  they 
bore,  but  her  remarkable  calmness  did  not 
more  than  momentarily  forsake  her,  and  save 
a  passing  excitement  immediately  preceding 
the  commencement  of  the  argument  of  Mr. 
Revell  there  was  nothing  iu  her  manner  to 
indicate  that  she  was  struggling  against  any 
troug  emotions. 

Her  face  was  concealed  from  view  by  the 
heavy  crape  veil  which  she  has  so  constantly 
worn,  but  her  erect  position  and  The  steadi¬ 
ness  of  her  figure,  showed  that  whatever  of 
agitation  she  may  have  felt  was  controlled 
and  suppressed.  Her  daughter  sat  close  to 
her  left,  veiled,  like  her  mother,  listening  and 
observing  with  anxious  interest,  but  yetquiot 
and  calm.  Mrs.  Neilsou  still  held  her  seat  to 
Mrs.  Wharton’s  right,  and  appeared  much  con¬ 
cerned.  Miss  Rosa  Neilsou  sat  immediately 
in  rear  of  Miss  Wharton,  aud  looked  sad  aud 
thoughtful. 

The  crowd  of  spectators,  although  not  so 
great  as  had  been  expected,  was  sufficient  to 
fill  the  court  room,  and  the  positions  assigned 
to  ladies  were  all  filled,  obliging  some  of  the 
fair  attendants  to  stand.  The  jury  evidently 
recognized  the  solemnity  of  the  duty  which 
devolved  upon  them,  aud  Mr.  Revell  was 
heard  with  great  attention.  The  interest  of 
the  spectators  did  not  partake  of  undue  ex¬ 
citement,  and  at  times  a  deep  silence  reigned, 
broken  only  by  the  clear,  ringing  tones  of  Mr. 
Revell,  as  he  denounced  Mrs.  Wharton, 
pleaded  for  the  murdered  Ketehum  and  the 


TEE  WEARTON-KETCEUM  TRIAL. 


347 


vindication  of  the  laws  of  Maryland,  and 
etep  by  step  unfolded  to  the  jury  what  he  be¬ 
lieved  to  be  the  shallowness  of  the  theories  of 
the  defence. 

There  was  one  person  among  the  spectators 
to  whom  the  scenes  seemed  to  be  painful  in 
the  extreme,  namely,  Charles  L.  Ketchum, 
the  eldest  son  of  Mrs.  Wharton’s  alleged 
victim.  He  has  been  a  constant  attendant 
upoD  the  trial,  but  has  manifested  no  unbe¬ 
coming  interest  in  the  result, and  on  yesterday, 
at  the"commeucement  of  Mr.  Revell’s  argu¬ 
ment,  occupied  a  position  in  an  extreme 
corner  of  the  court  room.  To  him  the  scene 
must  have  been  one  of  painful  interest,  and  it 
doubtless  recalled  to  him  memories  which 
are  enough  to  sadden  a  lifetime. 

When  "Mr.  Revell,  in  feeling  and  eloquent 
terms,  painted  the  death  bed  scene  of  his 
father,  and  in  strong  and  forcible  words  de¬ 
scribed  his  agonies,  and  the  circumstances 
which  surrounded  him  during  all  his  sufferings 
and  in  his  last  hours,  young  Ketchum  was  ob¬ 
served  to  bow  his  head.  To  his  feelings  and 
memories  at  that  moment  belongs  the  sanctity 
of  a  sorrow  too  deep  for  any  hut  his  own  heart 
to  realize  or  appreciate. 

The  seats  assigned  to  ladies  were  occupied 
to-day  considerably  in  advance  of  the  open¬ 
ing  of  the  Court,  and  the  choice  of  seats  seems 
to  he  as  much  a  matter  of  interest  among  them 
as  would  be  the  lead  of  the  German,  or  the 
best  positions  at  a  marriage.  The  majority  of 
those  who  attend  are  among  the  most  fash 
ionahle  and  cultivated  in  Annapolis  Society. 

At  precisely  one  minute  of  10  o’clock  to-dayT 
Mrs.  Wharton  entered  the  court  room,  leaning 
on  the  arm  of  Sheriff  Chairs,  and  closely  fol¬ 
lowed  by  her  daughter  and  Mrs.  Nugent,  who 
were  under  the  escort  of  Mr.  Steele.  Mrs. 
Wharton  appeared  pale  to-day,  and  the  pallor 
of  her  countenance  could  he  readily  remarked 
through  her  heavy  veil. 

The  Court  was  called  to  order  promptly  at 
10  o’clock,  and  at  the  bidding  of  the  Chief 
Judge  Mr.  Revell  resumed  his  argument  be¬ 
fore  the  jury  He  said  that  when  he  closed  on 
yesterday  he  was  criticising  the  hypothetical 
statement  of  the  defence,  and  he  would  now 
Turn  to  some  Qf  the.  striking  points  of  the 
medical  testimony  for  the  defence,  which  did 
not,  in  his  opinion,  sustain  the  theory  that 
i General  Ketchum  died  from  natural  causes. 

He  first  addressed  himself  to  the  testimony 
of  Dr.  Reese  and,  after  commenting  upon  the 
efforts  he  had  made,  said  he  found  that  even 
Dr.  Reese  had  confessed  that  the  cause  of 
General  Ketchum’s  death  was  an  obscure  one. 
Mr.  Revell  then  read  at  some  length  from  the 
testimony  of  Dr.  Reese,  and  singled  out  the 
syinptons  which  he  had  declared  were  char¬ 
acteristic  of  cerehro  spinal.  He  then  com¬ 
pared  them  with  those  of  cerehro  spinal  men¬ 
ingitis  as  given  by  the  authorities.  All  the  au¬ 
thorities  and  medical  witnesses  had  said  that 
headache  was  one  of  the  most  constant  symp¬ 
toms  of  cerehro  spinal  meningitis,  and  the  de¬ 
fence  had  drawn  the  far-fetched  idea  that 
General  Ketchum  had  headache,  from  the 
[single  fact  that  he  put  his  hands  to  the  back 
pf  his  head. 

■  Mr.  Revell  next  reviewed  the  testimony 
hearing  up  the  theory  that  hyperesthesia 

10 

!j 


of  the  skin  existed,  and  claimed  that  one  by 
one  the  the  baseless  inferences  of  the  defence 
were  dissipated  by  the  actual  facts  of  the 
case.  He  next  referred  to  the  alleged  sup¬ 
pression  of  the  secretions  of  the  kidneys,  and 
declared  tfiat  there  was  not  a  particle' of  tes¬ 
timony  to  sustain  the  theories  of  the  defence 
based  upon  that  supposition.  Dr.  Reese, 
though  a  master  of  his  profession,  had  claimed, 
in  opposition  to  all  the  authorities,  that  venous 
congestion  was  not  an  evidence  of  the  non¬ 
existence  of  cerehro  spinal  meningitis.  Notone 
of  the  medical  witnesses  for  the  defence  had 
examined  the  brain  with  the  microscope  in  a 
case  of  cerehro  spinal  meningitis,  and  yet  they 
undertook  to  speak  positively  and  authorita¬ 
tively  of  the  post  mortem  revelations.  He 
then  claimed  that  cerehro  spinal  meningitis 
always  left  invariable  lesions.  The  testimony 
of  Dr.  Williams  and  the  words  of  Gen.  K.  to 
him,  stamped  the  testimony  of  Susan  Jacobs, 
in  reference  to  his  sufferings  and  symptoms, 
as  a  link  in  the  chain  of  her  flagrant  false¬ 
hoods.  Dr.  Reese  had  said  that  he  did  not 
wish  to  he  understood  as  saying  that  General 
K.  died  of  cerehro  spinal  meningitis,  hut  only 
that  he  “might”  have  died  of  that  disease;  he 
had  thus  launched  himself  out  upon  a  sea  of 
possibilities,  when  probabilities  were  the 
only  things  that  could  he  considered  in 
this  case.  Mr.  Revell  then  further  read 
at  considerable  length  from  Dr.  Reese’s  testi¬ 
mony.  commenting  on  it  briefly.  He  next 
iurned  his  attention  to  the  testimony  of  Dr. 
iV arren.  He  had  claimed  that  the  identity  of 
General  Ketchum’s  case  with  that  of  Dr. 
Baltzell’s  patient  was  complete,  and  yet 
another  medical  witness  for  the  defence  had 
said  that  as  no  two  leaves  were  alike  so  no  two 
cases  of  any  disease  were  exactly  alike.  Hy¬ 
peresthesia  had  been  lugged  into  this  case  by 
Dr.  Warren,  and  made  the  basis  of  a  theory 
designed  to  mislead  and  deceive  the  jury,  and 
without  the  slightest  warrant.  Another  symp¬ 
tom  relied  upon  by  Dr.  Warren,  namely,  the 
condition  of  the  pupils  of  the  eyes, had  also  been 
exploded  by  the  testimony  of  the  defence. 
Dr.  Warren  had  brougnt  into  the  case  what 
was  never  in  it,  and  had  upon  groundless  in¬ 
ferences  based  his  plausible  theories.  The  de¬ 
fence  had  claimed  in  support  of  their  theories 
that  there  was  an  improvement  at  times  in 
General  K.’s  case,  during  the  last  hours  of  his 
life,  and  yet  had  asserted  almost  in  the  same 
breath  that  he  was  in  articulo  mortis.  Dr. 
Warren  had  drawn  inference  after  inference 
in  his  attempts  to  account  for  the  disease,  and 
had  gone  so  far  as  to  claim  that  the  alleged 
fatal  malady  of  cerehro  spinal  meningitis  was 
epidemic  in  Baltimore  at  the  time  of 
General  Ketchum’s  death.  It  was  insult 
to  science  and  to  the  intelligence  of  the  j  ury 
to  assert  the  monstrous  doctrine  that  General 
Ketchum  could  have  been  taken  with  epidemic 
cerehro  spinal  meningitis  five  hours  after  his 
arrival  in  Baltimore.  It  was  necessary  for  the 
defence  to  prove  that  cerehro  spinal  meningi¬ 
tis  was  epidemic  in  Baltimore  to  sustain  their 
theory  of  the  cause  of  General  Ketchum’s 
death,  and  in  that  they  had  failed.  No  wit¬ 
ness  had  testified  that  a  single  case  of  that 
diseaso  was  within  a  mile  of  the  house  in 
which  General  Ketchum  died.  Mr.  Revell 


148 


THE  WHARTON-KETCHUM  TRIAL. 


next  came  to  the  testimony  of  Dr.  Morris,  and 
claimed  that  ais  testimony  had  not  sustained 
the  theory  advanced  by  Dr.  Warren.  When 
he  was  plied  with  the  ex  parte  hypothetical 
statement  ho  was  compelled  to  say  that  he 
could  not  assign  any  cause,  natural  or  non- 
natural.  for  General  Ketchttm's  disease. 

Mr.  Revel  1  then  noted  the  distinctions 
which  Dr.  Morns  had  dra  -vn,  and  commented 
on  the  fact  that  the  great  majority  of  cases 
were  those  of  children.  Dr.  Morris  had  said 
he  would  not  like  to  say  that  cerehro  spinal 
meningitis  was  epidemic  in  Baltimore,  and 
the  Court  had  confined  him  to  the  cases  which 
he  saw. 

Mr  lievell  next  reviewed  the  symptoms  of 
the  disease  to  which  Dr.  Morris  had  testified. 
There  was  an  absence  of  all  hyperesthesia  in 
General  Iv.’s  case,  hut  there  was  anesthesia, 
one  of  the  symptoms  of  tartar  emetic  poison¬ 
ing.  Dr.  Byrd’s  testimony  was  next  consid¬ 
ered  by  Mr.  lievell.  He  had  said  the  disease, 
as  stated  in  the  hypothetical  statement  of 
the  defence,  bore  no  possible  resem¬ 
blance  to  any  disease  with  which  he 
was  acquainted,  aud  he  had  left  the  matter 
problematical.  Mr.  Eevell  then  spoke  curso¬ 
rily  of  the  testimouy  of  the  other  medical 
witnesses  for  the  defence,  and  next  read  from 
pages  10,  17  and  19  of  Dr.  Stille’s  work  as  to 
the  nature  of  the  disease  of  cerehro  spinal 
meningitis,  and  the  varied  symptoms,  hut  the 
uniformity  of  the  post  mortem  revelations. 
He  claimed  that  all  who  saw  General  K.  had 
said  he  died  from  non-natural  causes,  and 
those  who  had  not  seen  him  had  yet  come  for¬ 
ward  and  said  he  died  from  a  natural  causp. 
There  could  not,  he  believed,  he  a  rational 
doubt  that  General  K.  died  from  natural 
causes.  Mr.  Revell  continued  to  read  from 
Stille  of  the  symptoms  and  post  mortem  reve¬ 
lations  of  the  fulminant  form  of  cerehro  spinal 
meningitis,  and  claimed  that  even  admitting 
that  General  K.  had  that  disease  it  could  not 
have  been  of  the  fulminant  form  unless  it  had 
been  epidemic  in  Baltimore.  Mr.  Revell  said 
he  thought  it  had  been  clearly  demonstrated 
that  General  K.  did  not  die  from  natural 
causes,  and  he  now  proposed  to  speak  of  the 
unnatural  causes  of  his  death.  He  then  re¬ 
ferred  to  the  various  symptoms  of  General  Iv.’s 
case,  as  was  testified  to  by  Dr.  Wil¬ 
liams,  aud  read  from  page  11  of  Dr. 
Grisole’s  work,  as  to  the  symptoms  of 
tartar  emetic  poisoning  He  next  read 
from  page  615  of  Beck’s  Medical  Jurisprudence, 
citing  a  case  which  he  believed  to  he  in  point, 
lie  next  referred  to  Taylor  on  Poisonings, 
pages  476  and  477,  aud  Scille’s  Therapeutics, 
page  457.  Mr.  Revell  next  referred  to  the 
purchase  of  tartar  emetic,  and  claimed  that 
t  wo  purchases  had  .been  proved.  Mrs.  Chubb 
had  been  unable  to  say  that  she  saw  the  tar¬ 
tar  emetic  fall  on  the  plaster  Mrs.  Wharton 
applied  to  her  breast,  hut  had  only  seen  her 
go  mg  through  the  motions  of  sifting  it.  He 
contended  that  the  sediment  in  the  tumbler- 
had  the  unmistakable  taste  of  tartar  emetic, 
and  that  the  chemical  testimouy  had  not  con¬ 
troverted  that  fact. 

Professor  McCulloch  has  volunteered  to  give 
him  (Mr.  Revell)  some  of  the  deadly  drug,  and 
had  claimed  that  it  had  no  taste  to  him.  But 


Governor  Bowie  and  Dr.  Claude  tasted  it.  and 
they  found  out  that  it  was  bitter  and  biting. 
The  authors  said  it  was  accurate,  and  it  was 
not  to  be  supposed  that  they  would  make  an 
assertion  which  they  did  not  know  was  true. 
He  declared  that  Professor  Aikin  had  not 
been  successfully  contradicted,  and  referred 
•to  the  official  report  of  his  testimony.  The 
experts  for  the  defence  had  harped  upon  the 
production  of  the  metal,  and  yet  they  could 
not  deny  that  no  organic,  matters  would  have 
given  the  results  which  Dr.  Aikin  obtained. 

Dr.  Genth  had  sworn  that  in  a  similar  ex¬ 
periment  he  had  gotten  at  the  same  stage  the 
characteristic  results  of  antimony  or  arsenic, 
and  yet  the  defence  contended  that  when 
Prof.  Aikin  got  the  same  results  he  was  to  he 
turned  down.  The  experts  for  the  defence 
had  gone  so  far  as  to  claim  that  even  Worm- 
ley  was  to  be  turned  down,  and  here  Mr.  Ee.v- 
ell  compared  the  processes  recommended  by 
Wormley  with  those  used  by  Prof.  Aikin.  Ac¬ 
cording  to  the  defence  Wormley,  Aikin  and 
Tonry  were  all  to  be  turned  out  of  Court-,  and 
they  only  were  to  be  believed.  The  circum¬ 
stantial  evidence  was  strong  enough  to 
fasten  the  guilt  upon  Mrs.  Wharton 
without  the  production  of  the  metal. 
Suppose  poor  Ketchum  had  lived  (and 
he  wished  to  God  he  had  lived),  would  the  de¬ 
fence  then  contend,  if  on  an  indictment  for 
attempt  to  poison,  that  the  metal  shohld  be 
produced?  The.  experts  for  the  defence  had 
made  ostentations  experiments,  but  their  sub¬ 
stances  were  left  in  Court  too  long,  and  on 
the  morrow  the  jury  saw  w-hat  it  all  meant. 
Those  experiments  wereuDfair  and  calculated 
to  deceive  the  jury.  If  he  had  time  he  could 
demonstrate  to  the  jury  that  the  results  of 
Professors  Aikin  and  Tonry  were 
'  conclusive,  and  that  no  man,  be  he  pro¬ 
fessional  or  layman,  could  doubt  them, 
unless  he  was  like  the  doubting  Thomas.  Prof. 
Tonry  had  obtained  results  which  lie  swore 
to,  hut  the  defence  bad  opposed  to  him  their 
opinions  alone,  aud  had  not  made  exneriments 
sufficient  to  demonstrate  that  Prof.  Tonry  was 
wrong.  He  then  reviewed  at  some  length 
the  results  obtained  by  Profs.  Aikin,  Tonry 
and  McCulloch,  and  claimed  that  they  agreed 
in  establishing  the  presence  of  antimony. 

Mr.  Revell  next  referred  to  the  circum¬ 
stances  of  the  alleged  crime,  and  claimed 
that,  they  pointed  unerringly  to  Mrs.  Wharton 
as  the  author  of  the  foul  crime  with  which 
she  stood  charged.  Murders  by  poisoning,  he 
said,  were  always  of  that  mysterious  charac¬ 
ter  which  would  deceive  any  but  a  profes¬ 
sional  man.  The  State  could  show  that  there 
.was  a  motive.  First,  he  would  mention  the 
conduct  of  Mrs.  Wharton  iu  going  to  Wash¬ 
ington  and  making  a  false  claim  upon  his  es¬ 
tate  for  $4,000.  A  note  for  $9,000  was  in  exist¬ 
ence,  and  though  she  claimed  that  she  had 
paid  it  iu  January  last,  it  could  be  demon-  I 
st-rated,  he  believed,  that  it  was  false. 
General  Iv.  was  a  man-  of  great  particu¬ 
larity  aud  exact  business  habits,  and  when  ' 
his  papers  were  examined  nothing  wa-?  found 
to  show  t  hat  Mrs.  Wharton  had  ever  paid  the 
note,  aud  the  note  itself  could  not  be  found. 
No  witnesses  were  present  when  she  paid  the 
money,  and  the  papers  of  the  deceased  gave 


THE  WEARTON-KETCHUM  TRIAL. 


149 


no  evidences  that  it  was  ever  paid.  Is  it 
reasonable  to  suppose  that  General  K.  held 
Mrs.  Wharton’s  bonds  hearing  5  per  cent  in¬ 
terest.  and  that  she  would  be  then  paying 
him  10  per  cent  interest?  Mr.  Reveil  here 
reviewed  much  of  the  testimony  of  Charles 
L.  Ketchum,  arid  claimed  that  his  testimony 
showed  how  far-fetched  was  Mrs.  Whar¬ 
ton’s  plea  that  she  bad  paid  her  indebted¬ 
ness  to  General  Ketchum.  Mrs.  Wharton  had 
claimed  that  she  tore  the  note  up,  but  the 
idea  was  inconsistent  and  contradicted.  The 
State  had  a  right  to  argue  that  General  K. 
never  owed  Mrs.  Wharton  $1,000,  but  on  the 
contrary,  Mrs.  Wharton’s  note  was  yet  unpaid. 
General  Ketchum  went  to  Mrs.  Wharton’s  a 
well  man,  and  the  State  had  shown  that  she 
had  abundant  opportunities  to  give  him  any 
drug  she  might  have  prepared.  She  had  within 
her  control  the  instruments  of  crime,  and  the 
opportunities  were  afforded  her  for  using 
them. 

The  State’s  witnesses  showed  what  oppor- 
tunies  she  had,  if  this  woman,  whose  char¬ 
acter  had  been  so  high  for  goodness,  had  such 
opportunities, it  was  resonableto  suppose  that 
■she,  was  ministering  to  him.  She  was  applying 
poison  during  those  days — for  a  smart  woman 
would  do  it  in  the  most  scientific  manner — and 
if  she  gave  it  in  small  doses  in  the  beginning, 
-she  knew  that  the  symptons  it  would  produce 
could  be  mistaken  for  those  of  cholera  morbus. 
Mr.  Revell  then  referred  to  the  significance  of 
poison  having  been  discovered  m  the 
sediment  of  the  tumbler.  He  theu  referred  to 
Mrs.  Wharton’s  attempt  to  account  for 
General  Retchum’s  failure  to  be  accurate  in 
making  entries  on  the  hack  of  the  note  she 
owed  him,  and  her  contradictions  and  incon¬ 
sistences.  When  she  met  the  sons  of  the  dead 
man  she  sympathized  with  them,  she  who 
had  turned  so  recently  from  his  death  ago¬ 
nies  and  left  him  to  the  death  she  had  pre¬ 
pared  for  him;  again,  she  had  attempted  to 
suborn  Mrs.  Chubb  and  to  bribe  Marshal 
Frey.  When  Dr.  Williams  had  advised  her  to 
telegraph  to  General  Ketchum’s  relatives  or 
friends,  she  had  kept  the  telegram  from 
10  o’clock  until  after  12  o’clock,  and  she  had 
asked  Mrs.  Loney  to  give  her  opinion  ere  she 
telegraphed.  This  she  did,  that  General  K.’s 
friends  might  not  arrive  until  late  that  night. 
Mr.  Revell  next  referred  to  the  vest  and  to 
the  testimony  of  Judge  Sherman  and  Charles 
L.  Ketchum  on  the  subject.  It  was  a  promi¬ 
nent  circumstance  of  the  case,  undone  of  the 
chain  which,  taken  together,  fixed  the  guilt 
upon  Mrs.  Wharton.  No  other  person  but 
Mrs.  Wharton  had  a  motive  to  murder  General 
Ketchum,  and  it  had  not  been  traced  to 
any  one  but  her.  When  Mrs.  Wharton  was 
told  by  Dr.  Williams  that  poison  had 
been  found,  she  had  exonerated  her- 
servants;  she  was  found  agitated  and  ner¬ 
vous,  and  making  the  most  contradictory  and 
unreasonable  statements  about  the  possession 
of  pecuniary  means  The  defence  say  that 
because  Miss  Nellie  Wharton  bad  $15,000  her 
mother  had  no  need  to  borrow,  hut  the  de¬ 
fence  might  have  with  equal  consistency 
shown  the  possession  of  wealth  by  Mrs. 
Wharton’s  reputed  uncle  in  Philadelphia. 
One  remarkable  feature  of  the  case  was  that- 


when  Mrs.  Hutton  returned  to  General  K.’s 
room  she  found  Mrs.  Wharton  there  with  a 
cup,  and  that  Mrs.  Wharton  exhibited  great 
anxiety  to  administer  medicine  to  General 
Ketchum. 

Mr.  Revell  here  dwelt  upon  the  testimony  of 
Mrs.  Hutton  with  Mrs.  Wharton  at  that  time. 
Mrs.  Wharton  exhibited  great  anxiety  to  give 
the  medicine,  but  she  showed  no  anxiety  to 
send  the  telegram.  Her  impatience  grew 
thread  bare,  and  at  5  minutes  to  1  o’clock,  she 
gave  the  final  dose  and  stood  by  until  the  con¬ 
vulsions  of  death  Came;  then  she  fled  from  his 
room,  taking  with  her  the  cup  and  the  spoon. 
Shades  oi  death  then  gathered  around  him, 
his  agonies  increased  and  death  at  last  re¬ 
lieved  him  of  his  sufferings.  Carried  away 
suddenly,  with  none  around  him  to  sympathize 
with  him,  he  was  left  by  her  who  claimed  to 
he  his  friend,  and  that  too  in  his  direst  ex¬ 
tremity. 

Mr.  Revell  next  read  from  Will’s  on  Crimi¬ 
nal  Evidence,  152,  and  said  the  State  was  not 
here  to  do  away  with  Mrs.  Wharton’s  char¬ 
acter,  but  a  striking  fact  was  that  the  ma¬ 
jority  of  those  who  had  testified  to  her  char¬ 
acter  did  not  come  from  Baltimore,  but  from  a 
distance.  If  the  jury  was  convinced  that  she 
committed  the  deed,  then  character  was  out 
of  the  question.  Mr.  Revell  here  read  from 
the  charge  of  Chief  Justice  Shaw  in  the  case 
of  Dr.  Webster,  convicted  of  the  murder  of 
Dr.  Parkman. 

In  conclusion,  Mr.  Revell  referred  to  the 
circumstances  of  General  Ketchum’s  visits  to 
Mrs.  Wharton’s  house,  and  claimed  that  the 
symptoms  of  his  sickness  showed  the  guilt  of 
the  prisoner  at  the  bar.  The  State  had  showed 
the  possession  of  the  means  and  the  motive. 
She  bad  sent  General  Ketchum  unheralded  to 
his  grave;  hut,  thank  God,  he  had  left  behind 
him  a  record  ox  which  any  man  might  be 
proud. 

He  then  exhorted  the  jury  to  discharge  their 
duty  with  stern  impartiality,  and  to  give  such 
a  verdict  as  would  bring  them  no  regret  in 
after  life.  Mrs.  Wharton  could  not  claim 
clem epey  because  she  was  a  woman,  and  the 
jury  were  to  steel  their  hearts  and  judge  ac¬ 
cording  to  the  evidence.  They  hadnothing  to 
do  with  mercy;  that  was  lodged  in  another 
tribunal.  If  the  jury  extended  mercy  to  the 
prisoner  they  would  be  doing  injustice  to  the 
State.  Here.  Mr.  Resell,  at  three  minutes  of 
1  P.  M.,  closed  his  argument,  havingaddressed 
the  jury  for  four  hours  and  fifty-eight  minutes. 

Mrs.  Wharton  was  very  calm  during  the  de¬ 
livery  of  his  argument  to  day,  and  seemed 
unmoved  by  even  his  most  earnest  words. 

After  a  recess  of  10  minutes,  Mr.  Hagner 
opened  the  argument  for  the  defence.  He 
said  it  was  with  deep  feelings  of  solicitude 
that  he  arose  to  address  the  jury,  and  that  he 
had  hut  one  regret,  and  that  was  that  he  oc- 
cupied  the  place  of  a  better  man.  He  would 
address  the  jury  upon  the  facts  and  principles 
of  law  applicable  to  them.  The  ease  was  ex¬ 
traordinary  for  the  length  of  time  it 
had  occupied,  the  character  of  the 
prisoner  and  the  fact  that  though 
crimes  were  committed  in  secret,  this 
case  occurred  in  open  daylight.  It  was  more 
extraordinary  still  that  on  a  hypothetical 


150 


THE  WHARTON-KETCHUM  TRIAL. 


statement,  which  he  would  show  was  correct, 
but  one.  witness  for  the  State  had  ventured 
to  say  that  the  symptoms  were  those  of  a  case 
of  poisoning.  Mr.  Haguer  then  referred  to 
the  removal  of  the  case  from  Baltimore, 
which  had  been  alluded  to,  and  said  when  a 
fictitious  cry  was  raised  against  a  prisoner,  it 
was  a  right,  held  upon  the  Constitution  to 
move  the  case,  so  that  a  fair  trial  might  he 
had.  Mr.  Hagner  then  read  from  Bentbam’s 
Treaties  on  Evidence  as  to  the  question  of 
character,  and  said  the  law  presumed  the 
good  character  of  the  prisoner.  The  defence 
challenged  the  State  to  briug  hny  man,  wo¬ 
man  or  child  who  would  say  ought  against 
Mrs.  Wharton's  fair  name,  and  none  had  been 
produced  and  could  not  have  been  produced 
Sir.  Hagner  then  commented  on  the  extent,  of 
power  confided  to  the  jury,  and  the  fact  that 
the  law  presumed  the  inuocence  of  theprisoner, 
whieii  wg.8  to  her  au  armor  of  power, and  could 
not  be  pierced  except  by  arrows  of  strength. 
In  Maryland  there  was  no  appeal  in  criminal 
matters;  but  the  smallest  Court  case  could  be 
taken  to  the  Court  of  Appeals.  Mr.  Hagner 
here  read  from  tbe  ease  of  Corner  vs.  Pendle¬ 
ton,  being  the  case  of  suit  brought  against 
gamblers,  who  had  seduced  into  gambling  a 
young  man  iu  the  employ  of  a  business 
firm,  and  at  some  length  Mr.  Hagner  re¬ 
ferred  to  its  hearing  upon  the  case  at  the 
bar.  There  was  another  fact  to  which  he 
wouhl  refer,  and  that  was,  that  the  jury  had 
seen  the  daughter  of  the  prisoner  clinging 
to  her  mother.  Poet  and  painter  had  vied 
iu  painting  the  virtues  of  that  Roman  maiden 
vs  ho  fed  her  imprisoned  father  from  her  own 
bosom,  it  was  this  girl  who  the  jury  would 
bury  iu  a  common  grave  with  her  mother, 
chaining  them,  as  galley  slaves,  in  a  common 
death. 

Mr.  Hagner  nextread  from  31st  Indiana  Re¬ 
ports  a  ease  in  point.  The  jury  must  require 
the  same  proof,  as  it  was  in  tin-  power  ot  the 
Judge,  after  they  had  returned  a  verdict  of 
guilty,  10  order  one  of  them  to  take  a  deadly 
weapon  ami  instantly  execute  the  prisoner, 
and  lie  would  inquire  of  them  what  manner 
of  proof  they  would  require  before  any  one  of 
them  could  lay  his  hand  on  his  heart  and  be 
prepared  to  do  the  deed.  The  illustration 
was  in  point,  for  the  Sherift  could  not  execute 
uuless  the  jury  agreed.  Mr.  Hagner 
next  referred  to  the  case  of  Madeleine 
Smith,  and  read  at  some  length  as  to  the 
necessity  for  the  most  positive  proof.  The 
jury  must  have  the  most  convincing  proof  of 
the  administration  of  poison,  before  they 
could  convict,  and  the  evidence  must,  be  satis¬ 
factory,  complete  and  distinct.  The  books 
were  filled  with  instances  in  which  persons 
were  convicted  on  circumstantiol  evidence, 
and  in  after  years  it  was  proved  that  the  per¬ 
sons  were  guiltless.  Mr.  Hagner  cited  the 
case  of  Jacob  when  he  saw  the  bloody  coat  of 
of  Joseph,  and  also  the  ease  of  St.  Paul,  when 
he  was  cast  upou  a  desert  island, and  a  viper, 
coming  from  the  tire,  fastened  upon  his  hand,  j 
as  illustrating  the  error  of  human  infererenees 
and  presumptions  of  guilt.  Mr.  Hagner. 
in  lurther  illustrating  this  point,  inquired  of 
the  jury  how  many  men  they  would  require; 
to  swear  that  the  Grand  Duke  Alexis,  who  re-  | 


i  cently  visited  Annapolis,  had  picked  the 
;  pocket  ot  one  of  fheir  fellow-citizens,  before 
they  would  believe  him  guilty.  Mr.  Haener 
read  from  Wills  on  Circumstantial  Evidence 
page  184,  as  to  the  great  necessity  for  the  most 
convincing  proof  and  the  (  Sect  of  the  non- 
production  or  suppression  of  evidence.  He 
then  read  from  Archibald's  Criminal  Practice, 
4th  Howard,  and  other  authorities,  bearing 
upon  the  necessity  for  absolute  proof  of 
the  commission  of  crime.  Mr.  Hagner 
in  pursuing  this  branch  of  his  subject  quoted 
from  the  Bible  the  requirements  of  the  Mosaic 
law.  From  first  to  last  iu  this  case  the  prin¬ 
cipal  facts  relied  upon  were  each  proven  by 
only  one  witness.  General  K.  died  of  a  sudden 
and  violent  disease,  but  it  was  alleged  that 
he  died  by  Mrs.  Wharton’s  hand.  The  proofs 
the  State  relied  on  were,  first,  the  moral  cir- 
cumstauces.  and  secondly,  on  the  medical 
circumstances.  He  thought  he  could  demon¬ 
strate  to  the  jury  that  it  would  be  their  duty, 
as  it.  would  their  pleasure,  to  render  a  verdict 
of  acquittal.  Mr.  Hagner  here  read  from  Wills 
on  Circumstantial  Evidence. page  63. 

The  motive  asserted  was  that  Mrs.  Wharton 
wished  to  cover  up  her  indebtedness  to  Geu. 
Ketehum  and  to  secure  $4,000  from  his  estate, 
but  uothing  but  conversations  had  been 
brought  to  sustain  the  theory.  Mrs.  Cottman 
had  come  in  as  unexpectedly  as  if  she  had 
come  down  from  the  clouds,  and  had  st  own 
how  the  matter  stood.  Young  Ketehum  had , 
sworn  that  his  father  had  told  him  ou  the  23d 
of  June  that  he  wanted  the  money  to  pay  for 
his  house,  and  it  had  beeu  shown  that  he  paid  -j 
for  the  house  on  the  13th  of  June.  It  was  a 
matter  of  particular  importance  that  Mrs., 
Wharton  took  no  receipt;  sueh  things i 
were  frequently  done,  even  by  men.  . 
Mr.  Hagner  now  quoted  from  a  decision  j 
of  the  Court  of  Appeals  of  Maryland,  sustain¬ 
ing  his  point  that  such  things  were  not  un¬ 
usual.  General  Ketehum  had  been  said  to  be' 
very  exact  in  all  his  business  .habits,  even  set-J 
ting  down  a  cent  given  to  a  blind  negro,  yet 
he  had  paid  the  money  ($11,000;  for  his  house 
to  an  unauthorized  party,  and  taken  no  re-i 
ceipt.  Mr.  Hagner  here  came  to  the  testimony 
of  General  Brice,  and  contended  that,  his  tes 
timony  did  not  sustain  the  State’s  theory  as  to 
motive.  Could  Mrs.  Wharton  have  been  such 
a  fool  as  to  go  to  Washington  and  demand 
$4,000  unless  she  had  a  legitimate  claimf 
He  would  venture  to  say  that  it  was  no 
unusual  thing  for  intimate  friends  to 
confide  iu  each  other  as  Mrs.  Wharton 
had  in  this  matter  confided  in  General 
Ketehum.  General  Ketehum  went  to  Mrs. 
Wharton’s  house  to  tell  her  good-bye,  aud  not 
to  collect  her  indebtedness. 

Mr.  Hagner  next  referred  to  the  symptoms, 

(  f  General  Ketchnm’s  sickness,  and  contended 
that  there  was  no  proof  that  Mrs.  Wharton 
had  tartar  emetic  in  her  house  until  Monday, 
Mr.  Hagner  now  read  from  page  282,  of  the  re¬ 
port  of  the  trial  of  Madeline  Smith,  noting 
the  character  of  the  testimony  there  referred 
to.  He  then  dwelt  upon  the  testimony  as  to 
the  purchases,  aud  contended  that  he 
could  demonstrate  that  but  one  pur¬ 
chase  of  tartar  emetic  was  made  for  or 
by  Mrs.  Wharton.  Kleinschmidt  was  a  for- 


THE  WEAR TON-KETCHUM  TRIAL . 


151 


igner,  and  somehowor  other  people  get  in  the 
abit  of  raising  their  voices  in  talking  to  for- 
igners,  and,  therefore,  Mrs.  Chubb  had  raised 
er  voice — thought  Kleinschmidt  was  deaf. 
Vhv  was  not  Myer  brought?  He  could  have 
lived  the  matter.  Mr.  Hagner  now  took  up 
lie  saies  book  of  Gosman  &  Co.,  and  confin¬ 
ed  to  advance  his  views  on  this  point  of  the 
ise. 

The  Court  here  adjourned  until  10  A.  M,  to- 
lorrow.  The  court  room  was  crowded  during 
it'  entire  session  of  the  Court,  and  great  in¬ 
vest  was  manifested  in  the  arguments, 
mong  those  present  to-day  were  Judge  Kan  • 
all.  Commodore  Worden,  Commander  J.  S. 
herrett,  and  others  of  prominence.  Mr.  Hag¬ 
er  will  continue  his  argument  to-morrow 
ad  it  is  anticipated  that  Mr.  Syester  will  not 
sach  the  jury  before  late  Friday  or  Saturday 
oruing.  Mr.  Charles  L.  Ketchum  was  again 
resent  to-day,  but  General  Brice  lias  been 
bsent  for  moie  than  a  week. 


TMJSSTY-EIGJIITEI  DAT. 

Annapolis,  January  18, 1872. 
The  expectation  that  great  interest  would 
3  manifested  by  the  public  in  the  arguments 
i  Mrs.  Wharton’s  trial,  has  been  proved  to 
ave  been  well  founded,  and  the  patience  of 
le  spectators  shows  with  what  earnestness 
le  proceedings  are  regarded.  There  was 
Lit  little  in  the  well  conceived  and  forcible 
rguinent  of  Mr.  Eevell  of  the  essential  clap- 
ap  of  jury  appeals,  and  Mr.  Hagner,  on  yes- 
rday,  showed  that  he,  too,  had  come  to  ad- 
ress  himself  in  the  language  and  manner  of 
le  true  lawyer  to  the  questions  before  the 
rv;  but  everything  is  of  interest  to  the  at- 
ndants  upon  the  great  trial,  and  they  seemed 
1  be  determined  to  hear  all  that  is  to  be  said 
l  either  side. 

For  several  days  past  there  has  been  much 
eculation  and  discussion  as  to  the  probable 
suit  of  Mrs  Wharton’s  trial,  and  the  opinion 
at  the  jury  will  acquit  or  disagree  is  gen- 
ally  expressed. 

Mrs.  Wharton  was  promptly  in  Court  this 
orning,  and  her  arrival  attracted,  as  usual, 
uch  attention.  She  was  accompanied  by 
r  daughter,  Mrs.  Nugent  and  Mr.  and  Mrs. 
bison.  The  ladies,  who  are  always  first  to 
rive,  had  already  filled  the  seats  assigned  to 
em,  and  they  appear  more  interested  than 
er  in  the  proceedings. 

A.  few  minutes  after  10  o’clock  Mr.  Hagner 
Burned  his  argument,  and  said  he  was  en- 
avoring  on  yesterday,  when  he  closed,  to 
ow  how  groundless  was  the  charge  that 
ere  had  been  more  than  one  purchase  of 
rtar  emetic.  He  was  sure  that  if  the  jury 
mid  follow  him  he  would  convince  them 
at  there  was  but  one  purchase  of  tartar 
letic,  and  that  that  was  made  by  Mrs. 
mbb  from  Mr.  Kleinschmidt.  It  was  not 
isonable  to  suppose  that  anybody  but  an 
ot  who  proposed,  committing  crime  would 
ve  bought  the  tartar  emetic  at  a  store  where 
s  was  perfectly  well  known,  and  had  it 
arged  to  her  on  the  books. 

Hr.  Hagner  then  went  on,  and  contended 
at  all  that  Marshal  Frey  had  said  was  re¬ 


concilable  with  the  idea  that  there  had  been 
but  one  purchase.  It  was  natural  that  Mrs. 
Wharton  should  have  offered  the  small  sum  of 
money  to  Marshal  Frey  as  he  testified,  for  it 
was  only  reasonable  that  she  should  havebeen 
anxious  that  her  servants  should  be  relieved 
from  suspicion.  Mr.  Hagner  then  con¬ 
tended  that  Marshal  Frey  had  had  mis¬ 
understandings,  and  so  had  all  who  had 
testified  in  the  case,  and  was  it  to  be  said 
that  no  charity  was  to  be  extended 
to  this  poor,  nervous  woman,  who  was 
not  allowed  to  have  even  her  daughter 
preseut  when  she  was  being  closely  questioned 
by  the  astute  Marshal  Frey?  Mr.  Hagner  then 
read  from  appropriate  authorities,  touching 
the  danger  of  misunderstandings  between 
even  the  most  particular  persons.  It  was  con¬ 
tended  that  Mrs.  Wharton  had  induced  Mrs. 
Chubb  to  purchase  tartar  emetic  as  a  blind, 
and  Mr.  Hagner  then  addressed  himself  to  the 
facts  of  the  case  bearing  on  that  point,  and 
claimed  that  there  was  nothing  in  Marshal 
Frey’s  testimony  to  lie  relied  upon  as  proving 
Mrs.  Wharton’s  purchases.  Mr.  Hagner  next 
spoke  of  the  purchase  ot  porter,  and  said  that 
Mrs.  Wharton  had,  in  that  matter,  as  in  all 
others,  acted  openly  and  without  endeavoring 
to  conceal  anything. 

The  States’s  officers  contended  that  in  fifteen 
minutes  after, Gen.  K.  was  heard  vomiting,  but 
the  testimony  did  not  sustain  them.  Mr.  Hag¬ 
ner  next  read  from  Mrs.  Loney’s  testimony,  to 
show  that  such  had  not  been  the  fact.  Susan 
Jacobs  had  testified  that  there  was  nothing 
to  show  that  he  had  been  vomiting,  and  even 
if  he  had  been  vomiting,  might  not  the  porter, 
which  Col.  Loney  had  said  was  not  the  thing 
for  him,  have  disagreed  with  him  and  caused 
the  vomiting?  Mr.  Hagner  then  spoke  of  the 
different  counts  in  the  indictment,  and  con¬ 
tended  that  neither  count  of  the  indictment 
could  be  sustained  by  the  proof  of  the  admin¬ 
istration  of  poison  in  porter. 

He  then  spoke  of  the  testimony  as  to  the 
vial,  and  contended  that  the  fact  that  there 
was  no  label  on  it  signified  nothing,  for  Gen¬ 
eral  Ketchum  might  have  himself  torn  off' the 
label.  Mr.  Hagner  next  came  to  the  testimony 
of  Drs.  Williams  and  McSkerry  in  reference 
to  the  interview  with  Mrs.  Wharton  at  Dr. 
Williams’  office,  and  claimed  that  if  Mrs. 
Wharton  had  been  the  artful  woman  she  had 
been  represented,  she  would  have  laid  the 
blame  on  Susan  Jacobs,  and  at  once  relieved 
herself.  In  reference  to  the  sediment  found 
in  the  tumbler,  Mr.  Hagner  claimed  that  it 
had  been  proved  that  only  Mrs.  Wharton’s 
servant  was  in  the  room  in  which  it  was 
found,  and  that  Mrs.  Wharton  was  in  another 
part  of  the  house- 

At  this  point  of  Mr.  Hagner’s  argument  a 
large  number  of  ladies,  who  had  come  from 
Baltimore  on  the  half-past  Id  o’clock  train,  ar¬ 
rived,  and  the  disturbance  of  seating  them 
was  so  great  that  Mr.  Hagner  was  obliged  to 
suspend  for  five  minutes  or  more. 

Mr.  Hagner  resumed,  and  contended  that 
there  was  not  the  slightest  motive  for  Mrs. 
Wharton  to  have  put  poison  in  the  tumbler;  it 
had  not  been  proved,  and  the  jury  could  not 
consider  it  in  the  case.  Even  if  a  servant  had 
put  the  poison  in  the  tumbler  it  might  have 


152 


THE  WHA R TO N- KETCH UM  TRIAL. 


been  with  no  intention  to  even  trick  anybody; 
it  might  have  been  iu  the  yeast  powders  used  in 
the  kitchen.  Suppose  one  ot  the  servauts  had 
been  tempted  to  drink  of  the  liquor  and  then 
replenish  the  glass,  could  Mrs.  Wharton  be 
held  responsible?  Mr.  Hagner  here  read  from 
au  authority  a  case  illustrating  the  danger  of 
holding  an  owner  of  a  house  responsible  for 
all  that  was  committed  within  its  walls. 

The  sous  of  Mr.  Nathan,  who  was  murdered 
in  New  York,  might,  with  as  much  reason,  be 
held  responsible  for  his  death,  as  that  Mrs. 
Wharton  should  be  held  responsible  for  such 
matters  as  the  sediment  was  claimed  to  sup¬ 
port. 

Mrs.  Wharton  was  undoubtedly  anxious  to  . 
give  the  last  dose,  because  Dr.  Williams  had 
ordered  it.  She  dropped  it  in  Mrs.  Hutton’s 
absence,  but  how  did  Mrs.  Wharton  know 
that  Mrs.  Hutton  would  return?  She  knew 
that  Mrs.  Loney  had  gone  down  the  street, 
and  how  did  she  know  that  Mrs.  Hutton 
would  not  go  with  her? 

Much  stress  had  been  laid  upon  the  fact 
that  the  dose  Mrs.  Wharton  gave  General  K. 
was  cloudy,  but  Dr.  Aikiu  had  proved 
that  yellow  jessamine  would  cause  a 
sediment.  The  jury  had  doubtless  seen  signs 
on  the  street  which,  from  one  point  of  view, 
read  one  way,  and  from  another  read  au  en¬ 
tirely  different  way,  and  so  it  was  with  this 
case,  and  he  begged  the  jury  not  to  regard 
everything  in  au  odious  light,  but  to  consider 
all  the  circumstances  surrounding  Mrs.  Whar¬ 
ton  as  calmly  and  dispassionately  as  if  she 
was  one  of  their  well-known  friends. 

Mr.  Hagner  next  addressed  himself  to  the 
testimony  in  reference  to  the  vest,  and  said 
it  was  an  absurdity  to  claim  that  Mrs.  Whar¬ 
ton  would  have  taken  the  vest.  Even  if  she 
had  wanted  to  take  the  note,  would  it  be  sup 
posed  that  she  would  be  so  idiotic  as  to  take 
the  vest  too,  and  thus  make  evidence  against 
herself?  Mr.  Hagner  next  referred  to  General 
Wise’s  testimony  as  to  Mrs.  Wharton’s  anxiety 
to  borrow  money,  and  said  none  of  her  state¬ 
ments  had  been  disproved,  and  the  State  had 
not  sustained  that  point. 

Next,  Mr.  Hagner  returned  to  the  interview 
of  Mrs.  Wharton  with  Marshal  Frey,  and  the 
offer  of  money,  and  at  some  length  claimed 
that  the  wretched,  open  way  iu  which  Mrs. 
Wharton  had  gone  about  the  alleged  attempt 
to  bribe  disproved  the  thing  on  every  fair  con¬ 
sideration.  It  had  been  also  claimed  that 
Mrs.  Wharton  had  attempted  to  suborn  Mrs. 
Chubb,  and  Mrs.  Wharton  had  only  desired 
Mrs.  Chubb  to  recall  the  circumstances  and  to 
state  them  as  she  (Mrs.  Chubb)  believed  them. 

The  very  mention  of  the  name  of  Mr.  Steele 
by  Mrs.  Wharton  to  Mrs.  Chubb  showed  that 
she  wished  her  to  tell  her  account  to  a  person 
who  was  incapable  of  placing  a  wrong  con¬ 
struction  upon  it,  or  making  a  wrong  use  of 
the  information.  Mr.  Hagner  next  reviewed 
the  testimony  about  Mrs.  Wharton’s  state¬ 
ments  in  reference  to  General  K.’s  mind  being 
blurred.  The  great  chain  of  circumstances 
which  had  been  relied  upon  to  connect,  Mrs. 
Wharton  with  the  murder  of  General  K.  was 
broken  in  many  places,  aud  though  some  of 
its  links  might  be  gigantic  iu  strength,  yet, 
unless  they  were  connected  throughout,  they 


were  no  more  than  withes  would  be  to  a 
Sampson. 

Mr.  Hagner  next  read  from  Taylor  on 
Poisons,  page  406,  as  to  the  symptoms  of  tar¬ 
tar  emetic  poissning  and  their  uncertainty. 
It  had  been  alleged  that  the  case  of  the  de¬ 
fence  had  been  changing,  but  that  was  not  so, 
and  many  of  the  facts  had  been  introduced 
only  when  Mrs.  Whartou  had  been  accused 
of  making  false  statements.  There  never 
had  been,  in  this  Court,  as  far  as  he 
(Mr.  Hagner)  remembered,  a  louger 
opening  statement  than  the  defence 
had  made  in  this  case,  and  it  was  sufficient 
that  the  prisoner  should  deny  guilt,  and  say 
that,  she  was  ready  to  meet  the  charges 
against  her.  At  some  length  Mr.  Hagner  re¬ 
viewed  the  testimony  of  several  witnesses  as 
to  General  K.’s  symptoms,  and  claimed  that 
they  did  not  support  the  assertion  that  they 
were  those  of  tartar  emetic  poisoning,  but 
that  they  were  clearly  absent  in  the  case. 
Here  he  referred  to  page  478  of  Wharton  and 
Stille’s  Medical  Jurisprudence,  claiming  that 
all  exceptional  cases  were  to  be  considered  in 
favor  of  the  prisoner.  Mr.  Hagner  then 
noted  the  exceptional  symptoms.  It  had  been 
over  aud  over  again  claimed  that  Dr.  Wil¬ 
liams,  General  K.'s  attending  physician,  was 
the  best  person  to  judge  of  General  K.’s  symp¬ 
toms,  and  yet  at  the  rime  he  had  dis¬ 
covered  no  sjmiptoms  of  tartar  ^emetic 
poisoning.  The  fact  that  he  looked  back 
:  upon  the  symptoms  with  suspicions  in  his 
mind  might  partly  account  for  his  recollection 
in  this  particular,  and  there  is  a  homely  ad¬ 
age  which  says  that  “hind  knowledge  is  often 
better  than  foreknowledge.”  Neither  Drs.  i 
Miles  nor  Chew,  who  stood  just  as  high  as  Dr. 
Williams  deserved  to  stand,  had  said  that  the 
symptoms  were  those  of  tartar  emetic  poison-  | 
ing.  Dr.  Williams’  opiuions  were  inconsist¬ 
ent  with  the  statements  laid  down  in  the 
books. 

The  State  had  prepared  a  hypothetical 
statement,  but  they  had  dropped  it  aud  taken 
up  the  hypothetical  statement  of  the  defence. 
At  much  length  Mr.  Hagner  reviewed  the 
j  symptoms  of  Gen.  K.’s  sickness  and  the  cir¬ 
cumstances  bearing  upon  them,  in  presenting  I 
his  view  of  the  case  in  regard  to  them.  No| 
part  of  the  opinions  of  Drs.  Doualdsou  and  i 
Thompson  could  be  relied  upon  because  the 
assertions  set  forth  iu  the  hypothetical  state- 1 
ment  of  the  State  were  not  sustained  by  tliej 
testimony  in  the  case. 

Mr.  Hagner  next  reviewed  the  opinions  ofj 
i  other  medical  experts  for  the  State.l 
aud  contended  that  they,  iu  reality,  siij-j 
1  fained  the  plea  of  the  defence.  If  Gen. I 
Ketchum  was  moribund  at  11  A.  M.  on  Wed¬ 
nesday,  the  last  dose  did  not  kill  him,  and  if! 
lie  was  not  at  that  time  moribund,  then  Da 
I  Smith  had  more  than  intimated  „hat  thol 
j  chloral  might  have  killed  him.  He  rcspectedj 
Dr.  Smith’s  ability  and  reputation,  but  oldl 
J  doctors  often  thought  it  was  presumption  for! 
younger  doctors  to  say  that  a  new  disease  had! 
started  up,  aud  it  seemed  to  be  so  with  regard; 
'  to  cerebro  spinal  meningitis.  The  State’sl 
i  officers  had  almost  claimed  that  the  defence! 
|  had  invented  that  disease  just  to  apply  to  this! 
j  case,  but  the  books  were  full  of  it.  Mr.  Haguerl) 


THE  WHARTON-KETCHUM  TRIAL. 


153 


next  read  from  page  243,  of  Tanner’s  Practice  of 
Medicine,  and  from  Reynolds,  as  to  the  symp¬ 
toms  of  cerebro  spinal  meningitis,  and  said  it 
■was  not  unreasonable  that  a  man  'who  hacl 
slept  all  night  on  a  sofa,  between  two  open 
windows,  should  haye  had  a  chill  as  General 
Ketchum  had,  and  yet  the  State  claimed  that 
the  chilliness  was  one  of  the  principal  symp¬ 
toms.  The  State’s  officers  might  quarrel 
about  terms,  but  he  (Mr.  Hagner)  would  be 
sorry  to  know  of  more  of  an  epidemic  of  the 
disease  in  Baltimore  than  the  testimony  had 
shown.  He  (Mr.  Hagner)  had  never  heard 
more  intelligent  testimony  than  that  given 
by  Dr.  Warren;  be  bad  borne  liimself  like  a 
man,  and  though  great  efforts  had  been 
made  to  break  him  down,  he  had  for¬ 
tified  himself,  and  stood  upon  estab¬ 
lished  authorities.  Mr.  Hagner  next  referred 
to  the  uncertainty  of  life  and  the  suddenness 
of  death,  closing  with  eloquent  remarks  upon 
the  subject.  He  next  passed  to  the  subject  of 
the  analysis  of  General  K.’s  stomach,  and  said 
that  the  hooks  laid  it  down  that  the  use  of 
strong  words,  such  as  ‘'unmistakable”  and 
‘'without  a  shadow  of  a  doubt,”  which  Pro¬ 
fessor  Aikin  had  used, created  a  doubt  that  the 
witness  was  not  sincere.  The  authorities  all 
insisted  that  the  notes  of  the  analyzing 
chemist  should  be  produced,  but  Dr.  Aikin 
had  nothing  to  show,  and  had  showed  how 
unusually  forgetful  he  was  even  in  his  last 
experiments  with  chloral  and  yellow  jessa¬ 
mine.  Mr.  Hagner  then  insisted  upon  the 
production  of  the  metal  and  quoted  from 
section  503  of  Wharton  and  StilJe’s  Medical 
Jurisprudence. 

Berzillius  and  Orfila  claimed  the  same, 
and  so  did  Dr.  Taylor,  if  his  writings 
were  rightly  considered.  Dr.  Aikin  had 
said  it  was  usual  to  produce  the  metal  in 
Court  in  arsenic  cases,  and  Dr.  Craig  and 
Professor  Tonry  had  not  been  questioned  on 
the  subject.  Even  the  liquid  tests  contem¬ 
plated  the  production  of  the  metal,  and  so  did 
the  sulphureted  hydrogen  test.  Marsh’s  tests 
coutemplates  unquestionably  the  production 
of  the  metal.  The  metal  ought  to  be  pro¬ 
duced,  because  it  was  the  best  proof.  Prof. 
Aikin  had  said,  over  and  over  again, 
that  anything  which  would  give  the  three 
results  he  obtained,  must  be  antimony, 
and  that  he  knew  of  no  other  sub¬ 
stances  which  would  give  them,  but 
be  introduced  two  other  tests  in  bis  further 
analysis.  The  experts  for  the  defence  had 
shown  that  organic  matter  would  give  such 
results  as  Professor  Aikin  obtained,  and  the 
defence  could  claim  that  there  was  not  anti¬ 
mony  in  the  portions  analysed  by  Professor 
Aikin.  Four  of  the  witnesses  for  the  defence 
had  proved  that  Dr.  Aikin  was  mistaken  in 
saying  that  only  antimony  would  have  given 
the  results  he  obtained.  Even  Tonry  was  not 
asked  if  Aikiu’s  testimony  was  right,  and 
Aikin’s  evidence  stood  in  Court  like  Mel- 
chisedec,  witli  a  pedigree  without  begin 
ning  or  end.  Then  Dr.  Aikin  had  come 
with  his  lunch  basket  filled  with  wretched 
little  vials  to  prove  that  he  was  the 
Simon  Pure  in  this  case.  If  he 
could  not  do  better  than  he  did  in 
this  case,  he  (Mr.  Hagner)  would  not  buy  a 


jar  of  pickles  or  a  wheelbarrow  of  guano  upon 
his  analysis.  Mr.  Hagner  next  referred  to  the 
high  reputations  and  characters  of  the  experts 
for  the  defence.  In  conclusion,  he  passed  a 
high  encomuim  upon  the  youngest  expert. 
Prof.  White,  for  his  intelligence,  truthful¬ 
ness  and  modesty.  All  of  them  most  unques¬ 
tionably  differed  with  Prof.  Aikin.  The  Attor¬ 
ney  General  had  charged  that  they  had  prac¬ 
ticed  a  fraud,  aud  the  jury  could  consider 
how  soon  the  Attorney  General  could  come  to 
a  conclusion  when  they  saw  with  what  eager¬ 
ness  he  charged  fraud  upon  theso  gentlemen. 
A  more  unfounded  charge  was  never  made  in 
a  Court-house,  and  Prof.  Aikin’s  best  friend 
could  not  wish  for  him  a  better  character 
than  either  of  those  gentlemen  possessed. 

After  a  recess  of  10  minutes.  Mr.  Hagner  re¬ 
sumed,  and  said  he  would  first  call  attention 
to  Prof.  McCulloch’s  tests  on  organic  matter, 
irrespective  of  chloral  and  yellow  jessamine. 
Mr.  Hagner  then  read  at  some  length  from 
Prof.  McCulloch’s  testimony,  and  contended 
that  Prof.  Aikin  had  made  but  one  test  which 
Prof.  McCulloch  made.  Mr.  Hagner  noted  the 
differences  as  he  proceeded,  and  called  par¬ 
ticular  attention  to  Prof.  Aikin’s  testimony 
that  he  had  made  no  experiment  on  yellow  jes¬ 
samine,  except  in  connection  with  chloral.  He 
had  not  followed  Professor  McCulloch,  and  ho 
had  established  nothing.  His  evidence  showed, 
that  he  actually  did  not  know  what  were  the 
experiments  Prof.  McC  ulloch  had  made, and  yet 
he  was  hold  enough  to  claim  that  he  had  shown 
a  difference.  He  had  omitted  yellow  jessa¬ 
mine,  aud  was  not  certain  that  Prof.  McCul¬ 
loch  had  used  it.  There  was  no  identity  at  all 
in  the  experiments,  except  in  the  action  of 
sulphuretted  hydrogen  on  chloral.  He  had 
undertaken  to  show  the  same  experiment,  and 
yet  he  had  left  out  the  yellow  jessamiue,  the 
lactic  acid  and  the  soda.  That  was  all  the 
support  that  Mr.  Syester  had  for  his  charge 
that  a  “fraud”  had  been  practiced.  It  seemed 
to  him  (Mr.  Hagner)  that  the  University  of 
Maryland  was  on  trial,  and  that  blood  was 
demanded  to  support  it. 

Mr.  Hagner  next  came  to  Professor  Tonry’s 
tests,  and  said  the  spots  he  obtained  were  so 
infinitesimal  that  they  could  not  he  looked  at 
with  the  eyes  that  God  gave  us,  but  had  to  be 
looked  at  with  the  microscope.  His  calcu¬ 
lation,  too,  was  wrong  one  way  or  the  other; 
and  here  Mr.  Hagner  commented  upon  and 
noted  the  estimates  Professor  Tonry  made. 
He  had  not  formedlan  estimate  of  the  quantity 
of  antimony  supposed  to  have  been  present  in 
General  Keichum’s  liver,  and  his  spots  did  not 
give  it.  Mr.  Hagner  next  referred  to  page  356 
of  Taylor  on  Poisonings,  touching  the  inaccu¬ 
racies  of  any  tests  in  determining  the  pres¬ 
ence  of  imponderable  particles  of  poison.  Dr. 
Genth  had  gotten  larger  spots,  and  yet  they 
did  not  show  it.  It'  General  Ketchum  had 
taken  tartar  emetic  when  a  baby,  as  much  as 
Professor  Tonry  bad  claimed  to  liave  fouud, 
might  have  been  found,  and  the  little  minute 
particles,  no  matter  what  it  contained,  was 
not  enough  to  hang  a  cat.  He  (Mr.  Plagner) 
thought  it  would  he  an  insult  to  the  intelli¬ 
gence  of  the  jury  to  take  such  evidences  as 
any  proof. 


154 


THE  WHARTON-EETCHUM  TRIAL. 


In  conclusion,  Mr.  Hagner  said  he  trusted 
the  jury  with  an  unshaken  confidence,  and 
he  would  leave  them  with  the  prayer  that  the 
law  put  in  the  mouth  of  the  Clerk  of  the 
Court,  “May  God  grant  you  a  good  deliver¬ 
ance.” 

Mr.  Hagner  here,  at  1:30  closed  his  argu¬ 
ment.  His  eliort  was  throughout  well  sus¬ 
tained,  close,  thorough  and  forcible.  He  was 
heard  by  the  jury  and  all  present  with 
marked  attention. 

Mr.  Thomas  followed,  and  said  that  the  law 
made  it  the  duty  of  the  jury  to  consider  every 
prisoner  innocent  until  proved  guilty.  Here¬ 
tofore  the  public  press  had  taken  upon  it¬ 
self  to  favor  the  prisoners  of  the  law;  but  in 
this  case  a  portion  of  it  had  played  into  the 
hands  of  her  enemies  to  make  malignant 
prejudice.  A  portion  of  the  public  press, 
forgetful  of  its  high  duty,  had  fed 
the  very  flame  it  ought  to  have  ex¬ 
tinguished.  It  had  permitted  itself  to 
he  duped  into  poisoning  the  public  mind,  and 
for  months  the  columns  of  the  press  were 
filled  with  one  charge  or  another,  proved  to 
he  false  and  known  to  be  false.  He  referred 
to  them  only  to  denounce  them  as  base  cal¬ 
umnies,  and  to  say  that  the  same  brain  which 
had  woven  them  was  still  busy  in  wrapping 
around  her  the  mantle  of  prejudice.  It  was 
the  duty  of  the  jury  to  break  down  the  wall 
of  public  prejudice  and  to  still  the  clamor 
which  had  been  raised  against  her.  All  the 
defence  asked  was  simple  justice. 

Mr.  Hagner  had  covered  the  ground  in  the 
case  exhaustively,  and  he  (Mr.  Thomas)  only 
addressed  the  jury  to  prevent  his  sileuce  from 
being  misconstrued  and  misinterpreted.  He 
would  address  himself  to  the  intelligence  of 
thejury,and  would  begin  the  historyof  the  case 
with  General  Ketchum  in  Washington,  early 
on  the  2fth  of  last  June.  Mr.Thomas  next  re¬ 
viewed  the  testimony  as  to  General  Ketchum’s 
movements  on  that  day,  and  commented  on 
them.  He  then  inquired  if  there  was  a  plow¬ 
man  upon  the  farm  of  any  one  of  the  jury  who 
would  not  have  been  likely  to  have  had 
cholera  morbus  under  similar  circumstances? 
If  he  had  been  taken  ill  as  soon  as  lie  ate 
his  supper,  there  would  have  been  nothing 
suspicious  in  the  ciicumstance.  But  Mrs. 
Chubb  had  eaten  of  the  same  things  that 
General  Ketchum  ate  of  and  she  was  not 
made  sick.  Did  any  one  ever  hear  of  a  man 
taking  tartar  emetic,  sitting  up,  smoking  and 
talking  for  two  hours  and  not  having  during 
all  that  time  any  of  the  symptoms  caused 
by  that  medicine?  The  theory  of  the 
State  was,  that  Mrs.  Wharton  had  invited 
General  Ketchum  to  her  house  for  the  pur¬ 
pose  of  poisoning  him,  but  if  such  had 
been  her  purpose  she  would  have  availed  her¬ 
self  of  the  absence  of  Mrs.  Chubb.  While  she 
(Mrs.  Chubb)  was  there,  there  would  have 
been  no  risk  in  poisoning  her  or  anyboby 
else.  Mrs.  Chubb  was  absent  the  whole  of 
Sunday,  and  in  the  evening  she  found  General 
Ketchum  and  Mrs.  Wharton  sitting  around  the 
dining-room  table  and  he  was  better. 

Why  did  she  wait  until  Mrs.  Chubb  returned, 
if  she  designed  poisoning  him  ?  Her  conduct 
in  this  particular  presented  the  strongest  pos¬ 
sible  proof  of  her  innocence.  Thero  was  no 


poison,  it  was  reasonable  to  infer,  in  the  lem¬ 
onade.  Mr.  Thomas  now  came  to  the  fact 
that  brandy,  which  General  K.  called  “a 
stick,”  was  added.  Mrs.  Wharton  had  gotten 
that  brandy  from  Mr.  Van  Ness’  room,  and 
there  was  nothing  suspicious  in  her  conduct 
in  that  connection. 

For  a  long  time  after  the  taking  that  lemon¬ 
ade  there  was  no  evidence  that  poison  had 
been  in  it.  All  the  witnesses  had  said  that 
the  effects  of  tartar  emetic  were  speedy,  but 
General  K.  was  not  disturbed  for  three  hours. 
Between  12  and  1  o’clock  in  the  night  he  was 
taken  sick,  and  when  Mrs.  Wharton  went  to 
him,  every  good  act,  every  natural  prompting 
of  her  heart  was  perverted  and  construed  into 
suspicious  acts.  The  waslistand  was  in  her 
own  room,  aud  when  she  went  to  it  to  get 
medicine  for  General  K.,  the  theory  of 
the  State  was  that  she  went,  there  to 
get  poison.  The  washstand  was  never 
kept  locked,  and  was  it  reasonable  to  suppose 
that  she  would  have  put  poison  in  that  place  ? 
She  told  Mrs.  Van  Ness  that  she  went  there  to 
get  paregoric,  and  that  was  a  proper  medi¬ 
cine  for  General  K.  She  then  went  down 
stairs  to  get  brandy  and  peppermint  for  him. 
There  was  nothing  in  all  these  things  to  create 
the  slightest  suspicion  against  the  prisoner. 
If  Mrs.  Wharton  had  designed  to  let  him  die, 
why  did  she  send  fora  physician?  She  had 
secretly  urged  upon  General  K.  to  send  for  a 
physician,  and  but  for  the  fact  that  Gen.  Iv. 
mentioned  it  to  Mrs.  Chubb,  that  fact  would 
have  died  with  him.  Dr.  Williams  saw  no 
symptoms  of  poisoning  on  Monday  af¬ 
ternoon,  but  gave  it  as  his  professional 
opinion  that  he  was  suffering  from  the  irrita¬ 
tion  of  the  stomach  following  his  attack  on 
Sunday.  It  was  the  opinion  of  the  attending 
physician,  aud  General  Ketchum,  too,  that  he 
was  suffering  on  Saturday  and  Sunday  from 
an  attack  of  cholera  morbus.  Mrs.  Wharton 
knew  that  General  Ketchum  would  return  to 
Washington  on  Tuesday:  then  why  did  she 
not  poison  him  before  u  sue  proposed  taking  his 
life?  Nothing  but  the  accident  of  his  over¬ 
sleeping  himself  gave  her  another  oppor¬ 
tunity.  Mr.  Thomas  then  referred  to  the  tes¬ 
timony  of  Susan  Jacobs.  General  Ketchum 
had  told  her  twice  that  he  would 
“  sleep  it  off.”  What  was  it  that  ho 
meant  to  "  sleep  off?”  It  was  some 
thing  that  ho  knew  he  must  “sleep  off.”  He 
(Mr.  Thomas)  did  not  charge  that  General  K. 
contemplated  committing  suicide,  but  the 
circumstances  warranted  the  conclusion  that 
he  took  something  to  alleviate  his  pains. 
The  conclusion  from  the  fact  that  he  said  to 
Susan  Jacobs  every  time  she  roused  him,  "Let 
me  alone  and  I  will  sleep  it  oft.”  was  irre¬ 
sistible  that  he  had  taken  something  which 
he  knew  he  would  have  to  “sleep  off.”  He 
told  Susan  Jacobs  that  he  had  taken  a  dose  of 
his  own  medicine, which  he  knew  was  “suffi¬ 
cient.”  Who  put  the  vial  of  laudanum  under 
his  pillow?  Suppose  he  had  discovered  it, 
would  he  not  have  called  the  people  of  the 
house  and  complained  that,  he  was 
being  dealt  with  in  a  suspicious  manner? 
We  find  that  whenever  Mrs.  Wharton 
wanted  “poisons,”  she  went  with  the  prodigal 
confidence  of  an  innocent  woman,  to  those 


THE  WHARTON-KETCHUM  TRIAL. 


155 


nearest  to  her  and  who  knew  her  best.  Mr. 
Kogers  looked  at  her,  and  said  he  had  never 
before  seen  her.  The  State’s  officers  had  con¬ 
tended  that  the  presence  of  the  vial  of  lauda¬ 
num  was  merely  a  stage  trick. 

Oa  Tuesday  afternoon,  he  was  found  to  be 
in  the  same  condition  in  which  Susau  Jacobs 
had  described  as  his  condition  previously  on 
that  day,  Why  does  it  happen  that  the  de¬ 
fence  never  heard  of  the  brown  stout  until 
this  trial  commenced  ?  Why  was  it  not  men¬ 
tioned  in  the  indictment  ?  Is  it  anythingmore 
,  than  an  aid  introduced  by  the  State  to 
account  for  what  they  claim  were  the  symp¬ 
toms?  Why  did  Mrs.  Wharton  tell  Colonel 
Loney  that  she  would  give  it  to  him  ?  It  was 
given  to  him  innocently,  and  for  his  benefit. 
If  the  woman  was  in  her  senses  it  would  be 
impossible  that  she  acted  in  such  a  manner  if 
she  had  designed  poisoning  him.  The  jury 
i  could  not  believe  it,  unless  they  were  satisfied 
that  she  was  equally  intent  upon  her  own  de¬ 
struction. 

Mr.  Thomas  now  referred  to  the  testimony 
of  Mrs.  Hutton  and  Mr.  Snowden,  and  in- 
1  quired  if  their  statements  bore  the  air  of 
probability.  He  did  not  charge  either  of  them 
with  making  false  statements,  but  their  state¬ 
ments  of  what  occurred  then  were,  he  feared, 
colored  with  their  present  suspicions.  In 
spite  of  all  Mrs.  Hutton’s  suspicions 
gained  from  her  sister  she  was  instrumental 
in  administering  the  poison.  If  what 
the  State  alleged  was  true,  then  Mrs. 
Hutton  was  equally  guilty  with  Mrs. 
Wharton;  she  was  a  particeps  criminis. 
It  was  but  charitable  to  Mrs.  Hutton 
to  say  that  what  she  testified  to 
here  was  the  creation  of  her  imagination,  and 
not  the  actual  facts  of  the  case.  What  reason 
had  Mr.  Snowden  to  supipose  that  the  medi¬ 
cine  was  dark?  There  was  nothing  to  attract 
his  attention  to  it.  It  was  remarkable  that 
he  should  have  noticed  the  color  of  a  drop  on 
a  towel  around  the  neck  of  the  dying  man 
whom  it  took  all  his  strength  to  support.  The 
story  was  too  incredible. 

Mr.  Thomas  next  inquired  what  possible 
motive  Mrs.  Wharton,  even  if  she  had  beeu  a 
fiend  incarnate,  would  have  bad  in  giving 
General  K.  poison  at  that  time.  The  doctor 
had  told  her  that  his  friends  had  better  be 
sent  for,  and  Mrs.  Wharton  could  herself  see 
that  he  was  a  dying  man.  The  State’s  officers 
would  have  the  jury  believe  that  though  she 
knew  he  was  a  dying  man,  that  still  she  gave 
him  poison.  Mrs.  Wharton  must  have  known 
that  he  was  a  dying  man,  and  knowing  that, 
could  she  have  had  any  motive  in  admin¬ 
istering  poison  to  him  unless  she  wished  to 
torture  him  needlessly  in  his  dying  moments  ? 

Here  Mr.  Thomas  referred  to  the  fact  that 
she  bought  tartar  emetic  on  Monday  morning, 
which  the  defence  relied  upon  as  one  of  their 
main  pillars.  If  she  had  designed  poisoning 
General  K.  or  any  body  else,  would  she  not 
have  gone  to  Philadelphia  or  to  some  obscure 
apothecary  in  Baltimore  and  bought  it?  In¬ 
stead,  she  went  to  her  own  apothecary  and 
the  nearest  one  to  her.  This  was  as  indubit¬ 
able  proof  of  her  innocence  as  if  her  heart 
was  the  purest  in  the  world  and  all  its  prompt¬ 
ings  were  laid  bare  before  the  jury.  He 


wished  the  jury  to  bear  in  mind  the  fact 
that  there  was  no  charge  of  the  tartar  emetic 
which  Mrs.  Chubb  has  testified  she  bought  on 
Monday  evening;  the  charge  was  no  where  on 
Gosman’s  books.  There  was  but  one  charge, 
and  that  was  for  the  purchase  made  by  Mrs. 
Wharton  on  Monday  morning.  The  recollec¬ 
tion  of  Mr.  Kleinschmidt  had,  it  was  reasona¬ 
ble  to  suppose,  become  confused,  and.  in  fact, 
the  purchase  he  claimed  that  Mrs.  Wharton 
had  made  was  made  by  Mrs.  Chubb.  It  was 
said  that  Mrs.  Wharton  had  attempted  to 
suborn  Mrs.  Chubb,  but  Mrs.  Wharton  had 
told  her  that  she  wished  her  to  be  particu¬ 
lar,  and  wished  her  to  go  and  look  for  herself, 
and  see  if  she  had  not  mistaken  the  person 
from  whom  she  had  bought  the  tartar  emetic. 
It  had  been  brought  out  that  Mr.  Myer  said 
he  was  not  in  town  on  the  day  Mrs.  Chubb 
said  she  had  bought  tartar  emetic  from  him, 
and  yet  the  State  had  not  called  him.  He 
would  have  corrected  the  error,  and  shown 
that  Mrs.  Chubb  purchased  from  Mr.  Klein- 
sehmidt,  and  not  from  him. 

The  circumstances  surrounding  the  vest 
were  claimed  to  be  overwhelmingly  suspicious. 
The  weather  was  the  hottest  iu  June,  and 
everybody  knows  that  a  gentleman  leaves  off 
his  vest  first  when  the  heat  oppresses  him. 
Why  could  the  State  suppose  that,  General  K. 
had  that  vest  on  during  all  the  time  he  was 
there?  No  witness  had  mentioned  that  he 
did  wear  it. 

At  some  length  Mr.  Thomas  went  over  the 
facts  about  the  vest,  and  contended  that 
every  hypothesis  that  the  State  had  about 
the  matter  was  based  upon  the  supposi¬ 
tion  that  she  was  either  an  idiot  or  insane. 

Mr.  Thomas  then  contended  that  the  pocket- 
book  which  the  State  had  claimed  General  K. 
had  put  in  the  inside  pocket  of  his  vest,  in 
Judge  Sherman’s  presence,  was  never  taken 
from  Washington,  but  had  been  produced  in 
Court  by  Chas.  L.  Ketchum. 

Next  Mr.  Thomas  addressed  himself  to  the 
theory  that  Mrs.  Wharton  had  a  pecuniary 
motive,  and  said  no  sufficient  motive  had 
been  proved.  There  was  no  imprisonment  in 
Maryland  for  debt,  and  Mrs.  Wharton  could 
have  gone  to  Europe  or  made  oyer  her  prop¬ 
erty  to  a  relative. 

The  Court  here  adjourned  until  10  A.  M.  to¬ 
morrow. 

The  attendance  to-day  was  greater  than  on 
any  previous  day  of  the  trial,  and  intense  in¬ 
terest  was  manifested. 


r!'!E£zsTrs'-mre,rja:  may. 

Annapolis,  January  19, 1873. 

As  the  day  draws  near  when  the  momentous 
question,  “guilty  or  not  guilty,”  is  to  be  de¬ 
cided  in  the  great  cause  which  has  so  long  en¬ 
gaged  the  attention  of  the  Circuit  Couit  for 
Anne  Arundel  County,  and  to  an  unprece¬ 
dented  degree  the  interest  of  the  people  of 
Maryland  and  elsewhere,  there  gathers  around 
Mrs.  Wharton  an  intense  and  absorbing  feel¬ 
ing.  Nothing  could  more  strikingly  testify 
the  earnestness  of  public  sentiment  than  the 
crowded  attendance  daily  upon  the  trial,  and 
the  patience  and  eagerness  of  the  spectators. 


156 


THE  WHARTON-KETCHUM  TRIAL. 


Since  the  commencement  of  the  arguments, 
there  has  been  every  manifestation  of  popular 
interest,  and  the  dosing  hours  promise  to  be 
distinguished  by  that  thrilling  sympathy  wit  h 
the  gravity  of  the  issue  of  life  and  death 
which  especially  attaches  itself  to  the  trial  of 
a  woman. 

During  all  the  trying  hours  of  the  last  two 
days,  Mrs.  Wharton  has  maintained,  with 
stoical  fortitude,  the  wonderful  calmness 
which  has  made  her  an  object  of  peculiar  re¬ 
gard,  and  she  appears  equally  unmoved  by 
tierce  invectives  or  eloquent  appeals.  Calm, 
patient  and  resigned  in  manner,  though  pale 
in  countenance  and  sad  in  her  expression,  she 
has  sat.  almost  like  a  statue,  in  the  midst  of 
the  surging  feelings  which  have  surrounded 
her,  anil  there  gathers  around  the  veiled  pris¬ 
oner  a  feeling  which  she,  by  her  own  un¬ 
wearied  composure,  calms  and  subdues. 

At  lengthy  intervals  the  Movement  of  a 
hand,  or  oftener,  the  compression  of  the  lips 
and  the  slow  movement  of  the  eyes,  show 
that  to  her  the  scene  is  one  of  anxiety  and 
weariness,  and  that  beneath  the  heavy  drapery 
which  conceals  her  emotions  from  public  gaze 
lies  a  deeper  mystery  of  character  than  the 
unthinking  can  rightly  estimate.  Her  figure 
is  slender,  and  it  requires  but  a  glance  to  tell 
that  her  physical  powers  have  been  well  nigh 
wasted  in  the  fifty-live  y'ears  wdrich  have  left 
her  w’an  and  broken. 

It  is  well  known  that  since  her  imprison¬ 
ment  her  health  has  required  constant  medi¬ 
cal  attention,  and  whatever  may  be  the  result 
of  this  trial,  or  of  the  one  yet  in  store  for  her, 
there  can  be  but  little  doubt  that  the  evening 
of  her  life  has  already  reached  the  shadows 
of  its  ending.  Her  devoted  daughter  is  each 
day  at  her  side,  and  her  presence  adds  to  the 
dramatic  interest  which  centre’s  now  in  her 
mother’s  trial.  The  eloquent  tribute  paid  by 
Mr.  Hagner  to  her  unflinching  devotion  found 
a  response  which  the  deep  silence  with  which 
it  was  heard  rendered  impressive  in  the  ex¬ 
treme. 

Mrs.  Wharton  and  her  daughter  entered  the 
Court  room  to-day  at  five  minutes  after  10 
o’clock  and  were  accompanied  by  Mrs.  Nugent, 
Mr.  and  Mrs.  J.  Crawford  Neilson.  Miss  Rosa 
Neilson  and  Mr.  Feudal!,  of  Washington. 
They  were  soon  joined  by  Mr.  John  B.  Murray, 
of  New  York,  who  occupied  a  seat  by  the  side 
of  Miss  Nellie  Wharton. 

The  court  room  was  crowded  in  advance  of 
her  arrival  and  all  the  seats  assigned  to  ladies 
were  filled.  Many  of  the  ladies  arrive  an 
hour  in  advance  that  they  may  secure  choice 
seats.  Each  day  as  Mrs.  Wharton  enters  the 
court  room  all  eyes  are  turned  upon  her,  and 
her  every  movement  is  closely  watched. 

Mr.  Thomas  resumed  his  argument,  and  in 
dwelling  upon  the  presumption  of  the  prison¬ 
er’s  innocence,  quoted  appropriately  from 
the  first  volume  of  Greenleaf;  he  further 
quoted  from  the  same  autho:  as  to  the  amount 
and  character  of  proof  necessary  before  con¬ 
viction.  On  yesterday  he  had  shown  the  jury 
that  there  was  no  adequate  motive  shown  by 
the  State’s  testimony,  and  even  upon  the  sup¬ 
position  that  Mrs.  Wharton  owed  General 
ivetchum  $2,600,  she  had  no  obstacle  to  pre¬ 
vent  her  from  going  to  Europe  and  leaving 


her  debt  unpaid,  if  shehad  so  designed.  There 
was  no  evidence  to  show  that  Mrs.  Wharton 
owed  General  Ivetchum. 

The  Court  had  instructed  the  jury  that  the 
declarations  of  General  K’s  son  to  Mrs.  Whar¬ 
ton  were  not  to  be  taken,  except  so  far  as  she 
assented  to  them,  and  Mr.  Thomas  then,  at 
some  length,  contended  that  there  was  no  evi¬ 
dence  that  she  had  not  paid  her  indebtedness 
to  General  K.  Mrs.  Cottmau  had  come  al¬ 
most  as  if  from  heaven,  and  she  had  lixed, 
with  absolute  certainty,  the  date  of  Mrs. 
Wharton’s  visit  to  Washington.  That  was  on 
the  very  day  upon  which  Mts.  Wharton  had 
told  Charles  L.  Ivetchum  and  General  Brice 
she  had  paid  the  note.  If  the  scraps  of  paper 
■which  were  found  on  the  hearth  were  not 
those  of  the  note  which  Mrs.  Wharton  said 
had  been  torn  up,  what  were  they? 

Mr.  Thomas  hear  explained  Mrs.  Cottman’s 
testimony.  He  next  referred  to  the  testimony 
in  reference  to  tile  claim  for  $1,000.  made  by- 
Mrs.  Wharton  against  Gen.  Ketchum’s  estate, 
and  contended  that  there  was  no  improba¬ 
bility  that  she  should  have  entrusted  her 
bonds  to  him.  She  could  have  left  them  with 
either  Mr.  Van  Ness  or  Gen.  Ivetchum,  and 
there  was  no  risk  in  leaving  them  with  either. 
It  was  easier  for  Gen.  Ivetchum  to  collect  the 
coupons  at  the  Treasury  in  Washington,  and 
it  was  only  natural,  considering  the  relations 
•between  them,  that  she  should  have  entrusted 
t  hem  to  him  without  taking  a  receipt.  Mr. 
Thomas  reviewed  much  of  the  testimony  of 
Gen.  Brice  and  Chas.  L.  lvetcRum  in  further 
explanation. 

He  then^  addressed  himself  to  the  conduct 
of  Mrs.  Wharton  in  exonerating  her  servants, 
and  commented  at  length  upon  the  testimony' 

,  relating  to  it. 

Mr.  Thomas  next  addressed  himself  to  the 
testimony  of  General  Wise,  and  claimed  that 
it  had  no  bearing  upon  the  question  of  Mrs. 
Wharton’s  guilt.  He  then  came  to  the  scien¬ 
tific  testimony',  and  said  the  course  pursued  in 
the  obteutiou  of  both  the  chemical  and  medi¬ 
cal  testimony  was  unprecedented  in  the  his¬ 
tory  of  criminal  prosecutions.  Dr.  Williams 
went  to  hii$  personal  friends,  and  the  jury  was 
;  asked  to  attach  as  much  importance  to  their 
testimony  as  if  there  had  been  assistants  and 
other  eye  witnesses.  Ho  did  not  mean  to 
\  say  that  those  gentlemen  were  capable 
of  doing  what  was  wrong  in  The  matter,  but 
they  made  their  observations  with  their  own 
prepossessions  foremost, and  theyinterested  the 
whole  University  of  Marylaud  in  sustaining 
their  theory.  Every'  member  of  the  faculty 
of  that  University  has  been  called  upon  to 
sustain  it,  and  after  the  chemical  testimony 
for  the  State  was  broken  down,  they  went  to 
Washington  and  dug  up  the  dead  man.  Why 
did  not  they  give  the  defence  the  opportunity 
to  co-operate  with  them  .  Were  not  the  ex¬ 
perts  for  the  defence  as  honest  and  as  able  as 
their  experts  ?  The  precedent  was  a  danger¬ 
ous  one,  and  if  physicians,  no  math  r  how 
high  they  might  be.  were  to  be  allowed  to  be 
independent  of  the  coroner,  there  was  no  se¬ 
curity  for  the  life  and  liberties  of  any  one. 

Mr.  Thomas  uext  spoke  of  the  chemical  tes¬ 
timony,  and  commented  upon  it.  Professor 


THE  WHARTON-KETCHUH  TRIAL. 


157 


Aikin  bad  come  into  Court;  without  even  a 
memorandum,  and  he  could  not  remember 
whether  or  not  he  made  his  report  to  the 
State’s  Attorney  of  Baltimore  from  such  mem¬ 
oranda  as  he  may  have  taken.  He  had  con¬ 
tradicted,  in  his  testimony,  his  reports  to  Mr. 
Knott.  Mr.  Thomas  here  handed  the  two  re¬ 
ports  of  Prof.  Aikin  to  the  jury,  and  called 
their  attention  to  his  writing  of  the  word 
“brownish.”  In  October  he  wrote  that  the 
color  of  the  contents  of  General  Ketcbum’s 
stomach  was  “greenish,”  and  in  December  he 
swore  that  it  was  “brownish.”  He  had  then 
tried  to  make  the  jury  behove  that  it  was  a 
chemical  error.  He  wrote  that  a  precipitate 
he  had  obtained  was  “yellowish,”  and  then  Ire 
swore  that  it  was  “brownish.  Every 
time  Mr.  Steele,  in  his  ingenious  cross- 
examination,  asked  him  about  colors,  he 
each  time  gave  a  different  one,  and 
finally  confessed  that  all  he  knew  about 
it  was  that  it  was  not  “black.”  Mr.  Thomas 
then  reviewed  much  of  Professor  Aik  in’s  tes¬ 
timony,  claimed  that  it  was  all  involved  in 
contradictions,  and  that  no  possible  impor¬ 
tance  could  be  attached  to  his  analysis.  His 
test  was  faulty  inthe  very  beginning,  because 
he  had  not  gotten  rid  of  the  orgauic  matter, 
and  he  could  not  himself  attach  any  importance 
to  the  color  ot  the  first  precipitate  he  obtained. 
He  did  not  get  any  of  the  characteristic  re 
suits  of  antimony.  If  antimony  had  been 
present,  he  ought  to  have  obtained  all  the 
characteristic  results.  He  never  got  any¬ 
thing  more  than  a  white  cloud  from 
his  first  test,  and  that  white  cloud  was  never 
allowed  to  settle.  In  his  report  to  Mr.  Knott 
he  stated  that  he  had  obtained  a  result  which 
was  a  chemical  'impossibility.  Mr.  Thomas 
here  read  from  Professor  Aikin’s  report  to  Mr. 
Knott,  and  called  the  attention  of  the  jury  to 
the  errors.  Mr.  Thomas,  in  commenting  upon 
Professor  Aikin’s  testimony,  said  the  Attorney 
General  must  have  felt  sorely  the  desperate 
exigencies  of  the  case  to  have  aspersed  the 
character  of  such  a  gentleman  as  he  knew  the 
experts  for  the  defence  to  be.  If  Prof.  McCul¬ 
loch  had  wished  to  mislead  the  jury  he  would 
nothavemade  any  experiment  before  the  jury; 
the  facts  of  the  experiments  sustained  him. 
Without  meaning  to  say  anything  unkind  of 
Professor  Tonry,  he  would  say  that  the  temp¬ 
tation  offered  him  was  too  great  to  be  offered 
to  any  man  who  was  believed  to  be  above 
suspicion.  He  had  been  afforded  an  opportu¬ 
nity  of  making  a  world-wide  reputation  by 
discovering  antimony  in  General  K.’s  remains 
The  prayer,  “Lead  us  not  in  temptatiop,” 
which  the  Saviour  of  the  world  taught  us, 
was  a  wise  one,  for  but  few  of  us  can  resist 
temptation.  The  temptation  offered  Professor 
Tonry  was  too  great  for  him,  and  that  fact 
alone  should  make  the  jury  regard  his  testi¬ 
mony  with  extreme  caution. 

Mr.  Thomas  then  reviewed  much  of  Prof. 
Tonry’s  testimony,  and  quoted  from  Orfila  and 
Berzillins,  as  to  the  importance  of  the  produc¬ 
tion  of  the  metal.  The  master  rule  of  legal 
evidence  was,  that  the  best  evidence  must  be 
always  produced,  and  this  rule  was  particu¬ 
larly  applicable  to  a  case  of  circumstantial 
evidence.  When  a  thing  could'  have  been 
done,  and  was  not  done,  it  justified  the  jury 


in  believing  that  nothing  could  have  been 
gained  by  the  attempt.  Mr.  Thomas  said  he 
proposed  to  refer  to  the  medical  proof  in  deter¬ 
mining  whether  or  not  the  corpus  delicti  ex¬ 
isted.  He  then  read  from  Wilis  on  Circum¬ 
stantial  Evidence,  marginal  page  200,  as  to  the 
necessity  for  proof  of  the  corpus  delicti.  First, 
there  should  be  proof  of  the  fact  of  death 
and,  secondly,  of  the  specific  cause  of  death. 
The  law  imposed  no  obligation  to  explain  sus¬ 
picious  circumstances  until  these  facts  were 
proved  beyond  a  reasonable  doubt.  Mr. 
Thomas  here  read  from  39  California  Keports, 
People  vs.  Phips,  as  to  the  necessity  for  proof 
of  every  material  fact.  The  defence  might 
exclude  all  their  medical  testimony,  and,  re¬ 
lying  upon  the  medical  testimony  for  the 
State,  yet  say  to  the  jury  that  General  K. 
did  not  die  from  tartar  emetic  poisoning,  for 
not  one  of  the  medical  witnesses  for  the  State 
had  ventured  the  opinion  that  he  died  from 
that  medicine.  The  jury  was  justified  in  be¬ 
lieving  that  if  he  did  not  die  from  tartar 
emetic  he  died  from  strychnine, and  if  he  died 
from  strychnine  then  .there  had  been  no  more 
proof  that  Mrs.  Wharton  administered  ir  than 
that  any  lady  in  the  Court  House  administered 
it.  No  witness  for  the  State  had  said  that 
General  K.  died  from  poisoning,  and  the  State 
had  failed  to  come  up  to  that  requirement  of 
law  which  demanded  proof  of  the  specific 
cause  of  death.  The  defence  had  produced 
nine  witnesses  who  said  he  had  died  from 
natural  causes,  and  the  State  had  produced 
only  eleven  who  said  he  died  from  unna¬ 
tural  causes.  The  defence  might  rest  the  case 
there  and  rely  upon  the  rules  of  law,  and  it 
did  not  matter  whether  he  died  from  cerebro 
spinal  meningitis  or  not,  for  the  State  must 
show  that  he  died  from  tartar  emetic  poison¬ 
ing.  Mr.  Thomas  then  commented  on  the 
symptoms  in  General  Ketchum’s  case,  and 
called  attention  particularly  to  the  fact  that 
instead  of  the  muscles  being  relaxed  as  in  tar¬ 
tar  emetic  poisoniug,  they  were  rigid.  Dr. 
Warren  had  ably  described  the  prominent 
features  of  cerebro  spinal  meningitis,  and 
here  Mr.  Thomas  called  the  attention  of  the 
jury  to  the  opisthotanus  and  pleurosthotonos 
in  General  Ketchum’s  case.  Another  charac¬ 
teristic  symptom  was  hyperesthesia,  and  what 
was  the  shiver  which  passed  over  General 
Ketclium  from  head  to  foot  when  Dr.  Wil¬ 
liams  touched  him  but  an  evidence  of  the 
presence  of  hyperesthesia? 

Mr.  Thomas  then  remarked  upon  other  prom¬ 
inent  symptoms  in  General  Ketchnm’s  case, 
and  commented  on  them  and  read  from  sev¬ 
eral  medical  authorities  in  support  of  his 
views.  The  State,  he  said,  had  tried  to  prove 
that  cerebro  spinal  meningitis  was  not  an  epi¬ 
demic  in  Baltimore  last  year  when  the  defence 
had  never  alleged  it.  Dr.  Warren  had  only 
testified  that  there  was  only  an  epidemic  ten¬ 
dency,  and  the  State’s  witnesses  in  part  and 
the  witnesses  for  the  defence  had  sus¬ 
tained  him.  Here  Mr.  Thomas  referred, 
at  some  length,  to  the  testimony  on  that  sub¬ 
ject,  and  claimed  that  eight  physicians  had 
seen  twenty-eight  cases,  and  there  were  yet 
three  hundred  and  fifty  physicians  in  Balti¬ 
more  who  had  not  testified.  The  defence  had 
traced  the  disease  to  nearly  every  part  of  Bal- 


158 


THE  WHA R TO N- KETCII UM  TRIAL. 


timore,  and  yet  the  State  claimed  that  it  was 
only  endemic. 

The  evidence  in  this  case  would  not  justify 
the  jury  in  convicting  Mrs.  Wharton,  even  if 
she  had  come  into  Court  stained  with  the 
blood  of  previous  crimes,  and  much  less  could 
the  jury  convict  her  when  she  came  clothed 
with  the  high  character  which  had  been  proved 
by  witnesses  who  could  not  be  doubted.  The 
laws  of  the  moral  world  were  as  invariable  as 
those  of  the  physical  world.  Mr.  Thomas  then 
commented  upon  its  importance,  in  estimat¬ 
ing  the  weight  of  circumstantial  evidence. 
The  jury  did  not  know  personally  the  priso¬ 
ner  at  the  bar.  but  it  was  their  duty  to 
familiarize  themselves  with  her  charac¬ 
ter  as  it  had  been  shown  to  them.  It 
was  tri  e,  in  reference  to  a  certain  class  of 
crimes,  that  they  were  often  perpetrated  by 
persons  who  before  had  never  been  suspected, 
but  such  was  not  the  case  before  the  jury 
The  story  of  the  crime  of  Maj.  Hodge  was  but 
the  story  of  those  who  God  had  designed  for 
better  things,  and  it  would  be  traced  step  by 
step.  Such  was  not  the  case  at  the  bar.  If  the 
State  was  right,  the  crime  was  a  cold-blooded 
murder  of  a  friend  who  had  come  to  bid  her 
God  speed  upon  her  voyage  to  Europe.  Her 
high  character  had  been  testified  to  by  wit¬ 
nesses  from  Maine  to  California,  Men  who 
have  left  their  names  imperishably  in  history 
had  come  to  meet  here  and  join  in  one  testi¬ 
mony  to  her  record. 

Mr.  Thomas,  in  conclusion,  made  an  elo-  j 
quent  appeal  to  the  jury  in  behalf  of  the  ac¬ 
cused.  Death  had  thrice  invaded  their  homes 
since  they  had  been  called  to  this  duty  by  the 
State,  and  the  lesson  had  come  to  teach  them 
not  to  forsake  the  widow. 

During  the  delivery  of  his  earnest  conclud¬ 
ing  remarks  deep  silence  reigned  throughout 
the  court  room,  and  many  of  the  ladies  were  j 
observed  to  weep.  When  he  ended  there  was  | 
a  slight  applause,  which  was  promptly 
checked. 

Mr.  Thomas,  in  his  effort  in  this  cause,  | 
showed  that,  the  prominent  position  he  has  so  ! 
long  held  at  the  bar  of  Baltimore  is  well  j 
deserved,  and  that  the  high  reputation  he 
bears  is  truly  due  to  his  professional  attain- I 
ments.  His  able  argument  occupied  over  five  j 
hours. 

Mr.  Steele  followed,  and,  in  eloquent  lan-  i 
guage.  introduced  himself  as  the  advocate  of  | 
the  prisoner.  He  alluded  in  feeling  terms  to  j 
her  loDg  imprisonment  and  her  daughter’s 
devotion.  The  law  was,  that  when  there  was 
a  doubt  of  her  guilt,  she  was  entitled  to  go 
free;  but  she  would  not  stand  upon  that 
ground  alone,  but  he  was  here  to  show  the 
jury  that  the  State’s  evidence,  showed ,in  a  large 
measure,  that  she  was  vindicated  before  the 
world.  I  he  defence  had  not  set  up  in  the  begin¬ 
ning  a  special  plea,  because  it  was  not  neces¬ 
sary;  they  had  not  set  uij  a  plea  of  alibi  or  in¬ 
sanity,  as  they  might  have  done.  Mr.  Steele 
then  referred  to  the  circumstances  surrouud- 
ingMrs-  Wharton,  audsaid  thecharges  against 
her  had  beeu  pressed  with  an  unflagging  per 
tinacity  and  a  heated  zeal  whichwould  have  i 
been  worthier  of  a  better  cause  than  that ! 
which  had  for  its  object  the  taking  of  the  life  I 
of  a  lone  woman.  Every  witness  who  had  ! 


appeared  in  the  case  had  some  feeling.  Mr. 
Steele  first  referred  to  the  case  of  Dr.  Wil¬ 
liams,  the  witness  noon  whom  the  State  most 
relied,  and  said  Dr.  Williams  had  shown  from 
tho  beginning  of  this  case  that  he  thought  his 
professional  reputation  was  embarked  in  it. 
Dr.  Williams  was  a  gentleman  of  high  charac¬ 
ter  and  professional  attainments,  but  he  would 
inquire  if  he  was,  considering  his  position  in 
this  case,  to  be  unimpeached.  Then  came 
Marshal  Frey,  the  detective,  who,  like  all  of 
his  class,  was  eager  to  bag  his  game.  He 
would  not  say  an  unkind  word  of  the  ladies 
or  gentlemen  who  had  testified,  but  he  called 
attention  to  the  character  of  the  testimony  to 
show  that,  they  testified  more  or  less  under 
those  feelin  gs  which  govern  human  actions. 
He  referred  to  them  to  show  the  un¬ 
usual  zeal  with  which  the  charges  against 
Mrs.  Wharton  had  beeu  sustained  aud 
urged.  The  wish  is  father  to 
the  thought,  and  the  memory  can  be  moulded 
like  wax.  Here  Mr.  Steele  commented  on  the 
distortions  which  suspicion  and  prejudice  so 
often  ga^e.  The  cases  in  which  conviction 
was  justifiable  on  circumstantial  evidence 
were  rare,  and  he  begged  the  jury  to  remem¬ 
ber  the  distinctions  which  the  law  drew  be¬ 
tween  the  circumstantial  and  positive  evi¬ 
dence.  In  circumstantial  evidence  there  was 
all  the  difficulty  of  drawing  correct  inferences 
—difficult  even  to  trained  minds.  Mr.  Steele 
then  cited  the  numberless  executions  for 
witchcraft,  and  the  lesson  such  exe¬ 
cutions  bore  He  then  read  Wills  on 
Circumstantial  Evidence,  page  49,  enjoin 
ing  great  caution  in  considering  circum¬ 
stantial  evidence.  Mr.  Steele  then 
referred  to  the  proneness  of  fallen  human  in¬ 
telligence  to  believe  slanders  and  calumnies. 
The  forked  tongue  of  popular  feeling  licks  up 
all  that  is  against  fair  names  and  virtues,  and 
refuses  to  believe  the  good.  But  when  a  jury 
was  sworn  to  well  and  truly  try  the  case^  the 
jackal  of  rumor  slinks  back  into  his  den.  Mr. 
Steele  then  begged  the  jury  to  take  home  to 
themselves  the  case,  and  think  if  a  wife, 
daughter  or  .sister  oi  one  of  them  was  to  bo 
accused  of  such  a  crime  and  surrounded  by 
such  circumstances,  what  would  be  their  un¬ 
willingness  to  listen  to  a  suspicion?  He 
next  referred,  in  eloquent  terms,  to  Mrs. 
Wharton’s  character,  and  said  it  might  as 
well  be  expected  that  a  stream  would 
flow  up  a  hill  as  that  a  woman  of  such 
character  would  commit  crime.  Ho 
then  addressed  himself  to  the  facts  of  the 
case,  and  first  called  attention  to  the  testi¬ 
mony  of  Mrs.  Chubb.  She  had  said  that  both 
she  and  Mrs  Wharton  were  sure  that  but,  one 
purchase  of  tartar  emetic  had  beeu  made  on 
Monday.  At  much  length  Mr.  Steele  dwelt 
upon  the  testimony  iu  reference  to  the  al¬ 
leged  purchases  of  tartar  emetic,  and  claimed 
that  the  State’s  evidence,  instead  of  proving 
them,  really  disproved  them.  The  testimony 
proved  that  but  one  purchase  of  tartar  emetic 
was  made, and  now  what  became  of  it  ?  And  just 
here  the  jury  could  not,  allow  a  suspicion  of 
intent  of  simulation  to  lurk  in  their  minds. 

The  State,  by  its  own  testimony,  has  shown 
that  Mrs.  Wharton  had  used  it  on  a  plaster, 
and  thrown  the  paper  away,  and  yet  such  was 


THE  WHARTON-KETCHUM  TRIAL. 


159 


the  exigencv  of  its  case  that  it  asked  the  jury 
to  believe  that  she  was  simulating. 

Mr.  Steele  then  referred  to  the  testimony  as 
to  General  Iv.’s  physical  strength,  and  con¬ 
tended  that  the  fact  that  he  was  found  in 
Secretary  Stanton’s  office,  looking  over  mis¬ 
cellaneous  papers,  during  the  late  war,  when 
the  Government  needed  every  man  in  the 
held,  showed  that  something  was  the  matter 
with  his  health. 

At  the  conclusion  of  his  remarks  upon  this 
point  (it  being  twenty  minutes  past  2  o’clock), 
Mr.  Steele  asked  the  Court  to  adjourn  until 
to-morrow,  as  he  felt  his  strength  failing  him. 
The  Court  at  ouce  acceded  to  the  request  of 
Mr.  Steele,  and  adjourned  until  10  A.  M.  to¬ 
morrow. 

The  attendance  to-day  was  large,  and  una¬ 
bated  interest  was  manifested  throughout  the 
proceedings.  A  large  number  of  ladies  ar¬ 
rived  bv  the  train  from  Baltimore. 

Mrs.  Wharton  left  the  court  room  soon  after 
the  adjournment,  leaning  on  the  arm  of  Sheriff 
Chairs,  and  followed  closely  by  her  daughter 
and  Mrs.  Nugent,  who  were  under  the  escort 
of  Mr.  Murray. 

Each  day  for  the  last  week  the  crowd,  im¬ 
mediately  upon  thi*  adjournment  of  the  Court, 
has  ranged  itself  in  double  columns,  often 
three  deep,  from  the  door  of  the  court  room  to 
the  carriage  of  Mrs.  Wharton,  and  she  and 
those  with  her  are  eyed  closely.  So  great  is 
the  eagerness  to  obtain  a  view  of  the  famous 
prisoner  that  many  gather  around  her  car¬ 
riage  each  day  and  watch  her  every  move¬ 
ment.  Ladies  "are  found  standing  in  the 
ranks  by  the  side  of  jostling  men,  and  they 
are  among  the  most  eager  in  their  observa¬ 
tions. 

Among  those  present  to-day  were  Com¬ 
mander  J.  S.  Skerrett,  of  the  Navy;  Win.  H. 
S.  Burgywn,  J.  A.  L.  McClure,  T.  Wallis 
Blackistone,  Upshur  Dennis,  Wm.  Fell  Giles, 
Jr.,  of  Baltimore;  Rev.  C.  K.  Nelson,  of  St. 
John’s  College;  John  Scott,  of  Baltimore;  Drs. 
Williams  and  Chew,  Wm.  Mackall  and  Tkos. 
S.  Baer,  of  Baltimore;  Judge  Randall,  of 
Annapolis;  and  General  Shriver,  of  Frederick 
City. 

Mr.  Steele  will  close  to-morrow,  and  he  will 
be  followed  by  Mr.  Syester.  It  is  reported 
that  Hon.  Daniel  W.  Voorhees,  of  Indiana, 
who  was  associated  with  Mr.  Syester  in  the 
great  Black-McKaig  trial,  will  arrive  to-night 
that  he  may  hear  to-morrow  the  argument  of 
the  Attorney  General. 


FOUITIETM  Bt1  AY. 

Annapolis,  January  20,  1873. 

The  proceedings  on  yesterday  in  Mrs.  Whar¬ 
ton’s  trial  were  marked  by  increased  interest 
and  feeling,  and  the  eloquent  appeals  of  her 
counsel  were  heard  with  that  impressive  si¬ 
lence  which  manifests  popular  concern.  When¬ 
ever  Messrs.  Thomas  or  Steele  alluded  to  the 
character  of  the  prisoner  and  the  circum¬ 
stances  which  surrounded  her,  or  to  her 
daughter’s  claim  for  sympathy,  the  specta¬ 
tors  appeared  anxious  to  catch  each  word  as 
it  fell  from  the  lips  of  the  advocates,  and  the 
conclusion  of  Mr.  Thomas’  fervent  appeal  was 


signalized  by  a  slight  applause,  which  seemed 
to  be  the  outburst  of  a  feeling  suppressed 
only  by  the  stern  formalities  of  the  Court 

The  tribute  to  Mr-  Thomas,  and  to  the  cause 
which  ho  had  so  ably  and  earnestly  pleaded, 
was  promptly  checked  by  the  quick  cries  of 
the  bailiffs,  but  the  tearful  eyes  of  the  ladies, 
who,  during  all  these  exciting  moments, 
seemed  almost  spell-bound  by  the  tones  and 
words  of  the  friend  Mrs.  Wharton  had  called 
first  to  her  side,  showed  the  tenderness  of  the 
response  which  their  hearts  had  prompted. 
The  jury,  too,  were  evidently  moved  by  Mr. 
Thomas’  language  and  manner,  and  when,  in 
subdued,  sad  tones,  he  recalled  to  them  the 
lessou  which  death  had  so  recently  impressed 
upon  them,  and  begged  them  not  to  forsake 
the  widowed  woman  whose  life  was  in  their 
hands,  from  more  than  the  two  sorrowing 
hearts  among  them  came  the  silent  answer  of 
,  manly  tears. 

Mr.  Thomas  took  his  seat  amid  the  most  im¬ 
pressive  silence,  and  for  a  minute  or  two  a 
solemn  stillness  brooded  over  the  crowded  au¬ 
dience.  Then  Mr.  Steele  arose  and  advanced 
to  the  front  of  the  jury.  All  eyes  were  turned 
upon  the  great  lawyer  of  Maryland  as  he  took 
his  position,  and  he  too  seemed  to  feel  that 
the  closing  argument  for  his  client  had 
brought  to  him  a  measure  of  duty  which  it 
was  expected  he  would  discharge  with  all  his 
ability.  In  the  earnest,  nervous  tones,  which 
are  so  peculiarly  his  own,  and  in  the  chaste 
and  eloquent  sentences  which  distinguish  all 
his  efforts  alike  before  a  Court  or  jury,  he 
dwelt  upon  the  feelings  which  Mr.  Thomas 
had  stirred  to  their  depths,  and  in  the  manner 
of  a  master  of  his  profession, drew  the  interest 
of  all  who  heard  him  around  the  prisoner  he 
had  come  to  vindicate. 

Almost  his  first  words  bore  the  piayer  of  the 
girl  who,  he  said,  had  never  doubted  tho 
purity  and  goodness  of  her  mother,  and,  shar¬ 
ing  her  prison  life,  with  all  her  heart  still 
bound  to  her,  had  refused  to  leave  her  prison 
walls  until  both  were  free  alike.  Then  ho 
drew  a  glowing  pictnro  of  the  mother’s  life 
and  character,  as  it  had  been  shown  to  the 
jury,  from  the  days  when  she  was  the  pride  of 
her  native  town  to  the  hour  when  the  dark¬ 
ness  of  suspicion  and  prejudice  surrounded 
her.  Next  he  denounced  in  withering, 
burning  words  the  clamor  which  had 
been  raised  against  her,  and  depre 
cated  the  feelings  which  had  prompted 
cries  which  drowned  the  voice  of  her  virtues 
as  they  pleaded  for  her  against  the  injustice 
of  the  charges  against  her,  and,  turning  from 
the  world’s  suspicious,  prejudices  and  false¬ 
hoods,  he  confided  to  the  jury  the  cause  of  the 
woman  who  did  not  believe  that  a  breath  of 
suspicion  or  a  murmur  of  prejudice  could 
sway  their  minds,  but  that  at  their  hands  she 
would  receive  the  justice  which  had  been  so 
long  denied  her. 

While  the  counsel  for  Mrs.  Wharton  were 
thus  engaged  in  urging  their  case,  near  them 
sat  two  calm  aud  thoughtful  men,  whose 
faces  told  that  they  did  not  shrink  from  the 
support  of  the  cause  which  the  State  of 
Maryland  had  entrusted  to  them,  and  that 
they  knew  well  how  to  count  all  these  efforts 
of  their  opponents.  They  were  the  State’s 


160 


THE  WHARTON-KETCHUM  TRIAL. 


trusted  officers,  Jas.  Revel],  Esq.,  State’s  At¬ 
torney  for  Anne  Arundel  county,  and  Hon. 
Andrew  K.  Syester,  the  newly  elected  At¬ 
torney  General  of  Maryland. 

The  lirst.  named  had  already  ably  presented 
his  view  of  the  case,  but  was  still  at  his  post 
of  duty  to  see  that  those  who  had  been  j 
brought  against  him  did  not,  in  their  zeal, 
overstep  legal  bounds;  the  second  was  there 
to  hear  and  to  note  all  the  points  which  those 
who  he  would  succeed  would  endeavor  to 
make  against  him.  Upon  his  handsome  face  | 
there  appeared  the  look  of  a  man  who  was  con¬ 
tent  to  listen,  but  determined  to  reply.  Occa¬ 
sionally  lie  would  remind  his  opponents  to  give 
him  the  page  of  an  authority,  and  at  other 
times  he  was  observed  to  write  a  few  hurried  ) 
words  upon  the  note  sheets  before  him.  He 
listened  quietly  to  all  that  was  said,  and 
showed  that  his  thoughts  were  centered  in  ! 
those  views  which  he  believed  to  be  the  right  I 
ones. 

Mrs.  Wharton  was  calm  during  all  this 
time,  but  her  daughter  several  times  shed 
tears.  The  friends  who  sat  with  them  seemed 
to  appreciate  deeply  all  that  w  8  said  in  her 
behalf. 

The  court  room  was  crowded  to-day  long  in  I 
advance  of  the  opening  of  the  court,  and  the  | 
ladies  composed  at  least  half  of  the  audience.  1 
The  crowd  exhibited  much  impatience  for 
the  arrival  of  Mrs.  Wharton  and  her  party. 

At  five  minutes  of  10  o’clock  Mrs.  Wharton 
entered  the  court  room,  leaning  on  the  arm 
of  Deputy  Sheriff  Bryan,  and  followed  by  her 
daughter,  Mrs.  Nugent,  Mr.  and  Mrs.  J.  Craw¬ 
ford  Neilson,  Miss  Rosa  Neilson,  Mr.  Murray,  1 
of  New  York.  Mr.  Chas.  Neilson  and  Mr.  Fen-  | 
dall,  of  Washington.  The  arrival  of  the  party  | 
created  a  general  stir,  and  there  was  the  noise  j 
of  many  voices  in  subdued  conversation.  A  i 
few  minutes  after  the  jury  entered,  and  quiet 
soou  reigned. 

Mr.  Steele  promptly  resumed  his  argument, 
and  begged  the  indulgence  of  the  jury  while 
he  read  to  them  from  Taylor  on  Circumstan¬ 
tial  Evidence,  touching  the  credit  to  be  given 
to  the  evidence  of  interested  witnesses.  Mr. 
Steele,  before  proceeding  further,  referred 
to  the  testimony  of  Dr.  Williams,  and 
said  it  was  not,  in  the  nature  of  things 
that  his  recollections  of  General  K.’s 
symptoms  should  not  have  been  warped 
by  his  subsequent  suspicions.  Ho  did  not 
believe  that;  any  man  could  but  doubt 
the  evidence,  when  it  was  considered  from 
what  streams  of  feeling  it  had  come.  Mr. 
Steele  then  read  the  passage  from  Taylor.  He 
next  spoke  of  the  part  Marshal  Frey  had  ; 
played.  He  was  as  respectable  a  man  as  could 
be  found  in  the  vocation  of  the  detective,  but 
he  had  admitted  that  he  practiced  a  deception  j 
and  a  fraud,  and  he  went  to  Mrs  Wharton  with  j 
a  lie  in  his  mouth.  We  must  have  detectives,  j 
but  we  must  not  convict  on  the  evidence  of  , 
detectives.  I 

Mr.  Steele  then  asked  the  jury  not  to  attach 
too  much  importance  to  the  testimony  of  a 
man  who  had  confessed  that  he  obtained  his 
information  by  means  of  a  lie. 

Mr.  Steele  then  desired  to  goon  with  the  ex¬ 
amination  of  the  testimony,  and  referred 
again  to  the  inferences  to  be  drawn  from  the 


testimony  that  General  K.  was  not  the  physi¬ 
cal  giant  which  the  State  had  represented  him 
to  be.  Major  Bradley  had  observed  a  dullness 
about  him  which  was  doubtless  due  to  the 
concussion  of  the  brain,  which  such  a  fall  as 
Gen.  K.  hadinlSSS  would  occasion.  Mr.  Steele 
then  reviewed  several  of  the  circumstances 
of  the  purchase  of  a  house,  made  by  General 
Ketchum,  which  showed,  in  his  opinion,  that 
he  was  not  a  man  competent  to  engage  in 
busines  matters.  His  mind  had  not  the  same 
activity  it  had  formerly  had,  but  there  was 
such  a  lethargy  as  would  be  caused  by  the 
long  r,  fter  effects  of  such  a  fall  and  injury  as 
lie  had  received.  Mr.  Steele  then  spoke  of  the 
uncertainty  of  life,  and  said  he  did  uot  sup¬ 
pose  the  State’s  officers  would  contend  that  as 
Achilles  was  vulnerable  only  in  the  heel,  so 
General  Ketchum  was  vulnerable  only  by 
tartar  emetic.  He  was  arguing  the  case,  not 
to  show  the  want  of  evidence,  hut  he  sought 
to  show  that  the  State’s  own  evi¬ 
dence  showed  that  she  was  innocent,  and 
that  there  could  not  he  a  doubt  about  it. 

At  this  time  the  crowd  which  had  arrived 
by  the  train  from  Baltimore  reached  the  court 
room,  aud  so  great  was  the  confusion,  hustle 
and  jam  caused  by  the  rush  that  Mr.  Steele 
was  obliged  to  suspend  his  argument. 

Mr.  Steele  resumed  and  addressed  himself 
to  the  consideration  of  the  circumstances 
claimed  by  the  State  to  support  the  theory 
that  General  Ketchum  was  poisoned  before 
Tuesday,  aud  said  it  was  an  absnrbity  and  a 
libel  upon  justice  to  say  that  poison 
was  administered  to  General  Ketchum  during 
Saturday, Sunday  or  Monday.  Ho  reviewed  the 
circumstances  of  those  days,  and  said  the 
evidence  not  only  did  not  prove  her  guilt,  hut 
it  established  her  innocence.  Hermann,  the 
great  presdigitateur,  could  not  have  given 
poison  at  the  tirues  during  those  days  at 
which  the  State  bad  claimed  it  was  given  by 
Mrs.  Wharton.  There  was  no  medicine  so 
certain  and  so  speedy  in  its  effects  as  tartar 
emetic,  and  when  it  was  swallowed  it  was 
bound  to  come  up,  and  that  speedily. 

Mr.  Steele  then  spoke  of  the  symptoms 
which  disproved  the  State’s  theory  cf 
its  administration,  and  proved,  besides, 
that  it  could  not  have  been  done. 
If  it  had  been  administered  the  symp¬ 
toms  of  tartar  e.motic  poisoning  would  have 
inevitably  followed.  If  no  poison  was  given 
on  Saturday,  Sunday  or  Monday,  in  God’s  name 
how  could  it  he  said  that  she  gave  him  poisou 
afterwards?  Mr.  Steele  then  cited,  appropri¬ 
ately,  from  the  trial  of  Madeleine  Smith,  and 
said  that  as  the  charges  of  the  administration 
of  poison  by  Mrs.  Wharton  on  Saturday, Sunday 
or  Monday  had  crumbled  to  the  ground,  so  the 
charges  of  the  administration  of  poison  on 
Tuesday  or  Wednesday  fell  with  them.  At  3 
o’clock  A.  M.,  Tuesday,  Mr.  Hutton  had  seen 
General  Ketchum  sit  ling  on  the  side  of  his  lied, 
looking  at  his  watch,  and  lie  ( ‘  r.  Hutton) 
had  said  he  was  “well.”  /  How  did  Mr.  Hutton 
know  that  he  was  ‘‘well?”  If  General  K. 
had  been  well  he  would  have  been  asleep  at 
that  hour.  Dr.  Williams  bad  said  that  when 
he  saw  Gen.  K.  on  Tuesday  morning  that  he 
was  “well.”  but  he  had  not  examined  him,  and 
General  K.,  being  a  man  who  looked  to  small 


THE  TV  HA  R  TON-KETCHUM  TRIAL. 


161 


savings,  abruptly  discharged  him.  Dr.  Wil¬ 
liams  had  no  chance  to  tind  out  whether  or 
not  he  was  “well,”  aud  if  the  seeds  of  any 
disease,  cerebro  spinal  meningitis,  or  any 
other,  had  planted  themselves  in  him.  Dr. 
Williams  could  not  have  then  known  it-  It 
might  have  been  that  the  seeds  of  his  fatal 
malady,  no  matter  what  it  was,  had 
even  then  shown  themselves,  butDr.  Williams 
did  not  examine  him  and  could  not  know. 
Mr.  Steele  then  came  to  the  testimony  of 
Susan  Jacobs,  who  he  characterized  as  a  brave, 
honest  woman.  The  State’s  officers  had  sum¬ 
moned  both  Ellen  Deddrick  and  Susan  Jacobs, 
nut  at  the  last  had  refused  to  call  them.  Dr. 
Williams  had  said  here,  in  the  hearing  of  Susau 
Jacobs,  that  he  had  told  Mrs.  Wharton  be  had 
suspected  her,  and  yet  she  came  on  the  stand 
and  told  the  truth-  Ellen  Deddrick,  too,  had 
clung  to  Mrs.  Wharton,  and  the  eouduct  of 
her  servants  was  the  best  proof  of  how  this 
reputed  murderess  and  poisoner  gained  and  re- 
tains  the  love  of  those  who  knew  her.  Susan 
Jacobs  had  had  the  strongest  motives  known 
to  a  human  being  to  testify  against  Mrs. 
Wharton,  for  she  had  heard  herself  openly 
charged,  in  this  Court,  as  the  suspected  party, 
but  she  came  forward  and  told  the  truth.  Mr. 
Steele  then  reviewed,  at  some  length,  the  tes¬ 
timony  of  Susan  Jacobs  about  her  attentions 
to  General  K.,  and  the  circumstances  which 
occurred  while  Mrs.  Wharton  and  Susan 
Jacobs  were  present  together  in  his  room. 
Mrs.  Wharton  showed  the  vial  to  Mr.  Hutton. 
Would  she  have  done  that  if  she  purposed, as 
the  State  charged,  to  si  mil  ate?  Why  did  not 
she  leave  the  vial  in  his  bed,  and  let  it  he 
found  there  when  he  died? 

He  (Mr.  Steele)  had  no  more  doubt  that 
General  K.  had  taken  laudanum  than  that 
the  jury  was  occcupying  their  seats,  and 
tbe  suspicion  against  Mrs.  Wharton  about 
this  vial  was  unjust  aud  ungenerous. 
Mr.  Steele  then  refered  to  the  _  circum¬ 
stances  in  reference  to  the  vomiting,  and 
claimed  that  Mrs.  Loney  was  mistaken 
when  she  thought  she  heard  him  vomiting 
He  (Mr.  Steele)  believed  that  he  was  only 
breathing  stertorousJy.  If  he  had  been  com¬ 
pelled  to  vomit,  Mr.  Hutton  would  have  de¬ 
tected  it  when  he  went  into  the  room,  for 
General  K.  could  not  have  gotten  out  of  bed, 
and  must  have  vomited  as  he  laid  in  l^ed. 
His  testimony  showed  that  Susan  Jacobs 
was  right  and  Mrs.  Loney  was  wrong,  though 
he  (Mr.  Sleek)  had  no  doubt  that  Mrs.  Loney 
thought  she  heard  him  vomiting.  Mr.  Steele 
then  referred  to  the  testimony  about  the 
sangaree,  and  said  that  in  that  matter,  as  in 
all  the  others  the  State  had  charged  against 
her,  this  poisoner  who  the  State  claimed  had 
it  in  her  heart  to  murder  her  best  friend  and 
was  bent  upon  her  deadly  purposes, 
had  acted  openly,  and  had  told  Colonel 
Loney  that  she  was  going  out  to  buy  the  por¬ 
ter,  and  she  mixed  it  in  His  presence.  Was 
the  woman  deranged?  There,  had  been  no 
proof  of  even  idiosyncrasy,  and  yet 
the  State  would  have  the  jury  believe 
that  she  went  on  accumulating  proof  against 
herself.  She  never  seemed  to  move  that  she 
did  not  encounter  eyes,  and  was  listened  to  as 
she  moved  by  the  ladies  in  the  house.  He 


then  claimed  that  Col.  Loney  was  mistaken, 
and  contended  that  it  was  utterly  impossible 
that  she  should  have  told  Col.  Loney  that  she 
was  going  to  take,  a  walk  to  the  grocery  store 
for  a  little  fresh  air  when  he  was  waiting  with 
his  buggy  to  take  her  to  ride;  Col.  Louey  was 
an  unexceptionable  gentleman,  and  his  (Mr. 
Steele’s)  friend,  and  he  did  not  charge  him 
with  having  done  any  intentional  wrong. 
Mr.  Steele  then  gave  a  brief  detail  of 
an  interview  he  had  held  with  Colonel 
Loney,  soon  after  the  charge  was 
made  against  Mrs  Wharton,  in  which 
Col  Loney  had  made  no  mention  of  the  sart- 
garee,  and  it  was  not  mentioned  in  the  indict¬ 
ment.  Ladies  would  talk,  and  men  would 
talk,  and  many  of  the  witnesses  were  relatives 
or  friends  of  Mr.  Van  Ness,  all  very  good  peo¬ 
ple,  hut  they  must  have  talked  about  it.  He 
(Mr.  Steele)  did  not  accuse  any  one,  but  he 
feared  suspicions  had  been  sworn  to  as  facts 
in  the  case.  Mr.  Steele  then  referred  to  the 
manner  in  which  Col.  Loney,  who  was  un¬ 
doubtedly  a  frank  man,  had  refreshed  his 
memory  about  the  porter  or  brown  stout  just 
before  the  trial  came  on  by  referring  to  Mr. 
Stabler’s  hooks  Everything  showed  that  he 
was  mistaken  about  Mrs.  Wharton’s  having 
given  General  Ketchum  sangaree.  Even  if  she 
did  give  it  to  him,  there  was  no  poison  ill  it 
except  what  suspicion,  which  had  haunted 
this  case  from  beginning  to  end,  put  into  it. 
Mr.  Steele  said  he  next  desired  to  speak  of 
the  circumstauces  on  Wednesday.  On  the 
morning  of  that  day  General  Ketchum  had 
been  found  semi-comatose,  his  eyes  fixed,  his 
limbs  rigid  andtetanic  spasms  already  upon 
him.  Taking  him  just  as  he  was  then,  Dr. 
Williams  must  have  had  great  faith  in  his 
medicine  if  he  thought  a  dose  of  yellow  jessa¬ 
mine  would  have  saved  that  dying  man.  Dr. 
Smith, whose  skill  in  surgery  had  given  him  a 
world  wide  fame, and  of  whose  reputation  we 
of  Maryland  are  proud  and  have  a  right  to 
be  proud  of,  said  he  was  a  dying  man  at  11 
o’clock  on  Wednesday,  Mr.  Steele  then  re¬ 
ferred  to  other  portions  of  the  testimony  to 
show  that  Mrs.  Wharton  gave  him  no  poison 
on  that  day.  Could  she  look  for  a  more 
speedy  death  than  that  which  she  saw  was 
coming  on?  Aud  then  how  did  she  do  it? 
First,  in  the  presence  of  Mr.  Snowden,  she 
dropped  the  medicine.  If  she  was  sane  would 
she  have  gone  into  the  room  aud  thus  openly, 
in  his  presence,  have  put  poison  into  the 
medicine  General  Ketchum  was  to  take? 
It  was  impossible  that  she  could  have  put  it 
in  without  Mr.  Snowden’s  seeing  her.  Mr. 
Snowden  had  confessed  in  his  cross-examina¬ 
tion  that  he  had  found  out  by  experiment  the 
color  of  tatar  emetic  and  yellow  jessamine  and 
laudanum,  yellow  jessamine  and  tartar  emetic, 
and  that  shows  that  there  was  doubt  about  the 
whole  thing.  Mrs.  Hutton  had  seen  the  dose 
as  it  was  being  given,  and  she  had  not  noticed 
that  it  differed  a  hair’s  breadth  from  the  right 
color.  If  laudanum  had  been  in  it  Mrs.  Hutton 
and  Mr.  Snowden  would  have  smelled  it.  Dr. 
Donaldson  fiad  said  that  it  would  have  re¬ 
quired  twenty  drops  of  laudanum  to  have  over¬ 
come  the  effects  of  one  grain  of  tartar  emetic, 
if  that  quantity  had  been  in  it,  Mrs. 
Wharton  and  Mr.  Snowden  would  have 


162 


TEE  WEARTON-KETCEUM  TRIAL. 


smelled  it  inevitably.  Mr.  Steele  then  con¬ 
tended  that  General  K.’ssymptoms  themselves 
contradicted  the  idea  that  tartar  emetic  had 
been  given  on  that  day.  General  K.  vras 
given  depressants,  and  they  might  have 
hastened  his  death.  He  made  no  charge 
against  Dr.  Williams,  and  knew  him  to  be  a 
skillful  physician,  and  he  believed  he  had 
done  what  he  thought  best  for  General  K.  He 
was  not  on  trial,  and  no  one  thought  of 
making  a  charge  against  him.  There  was  no 
suspicion  against  Mrs.  Wharton  even  when 
Mr.  Van  Ness  left  her  house,  and  even 
afterwards,  for  Mr.  Van  Ness  had  sent 
Mrs.  Loney  with  a  kind,  consider¬ 
ate  message  to  her.  It  showed  his 
affection  for  her,  for  he  had  been  to  her  a  son, 
and  he  was  as  good  a  young  man  as  was  in 
Baltimore.  But  afterwards  suspicion  arose, 
and  suspicion  was  a  plant  of  rapid  growth;  it 
grew  up  like  the  mushicon  and  with  no  more 
strength.  All  that  the  State  could  possibly 
claim  was  that  she  anight  have  poisoned  him, 
not  that  she  did  poison. 

Mr.Steele  then  reminded  the  jury  of  the  dread¬ 
ful  responsibility  which  rested  upon  them, 
and  said  he  would  like  to  speak  to  them  of  the 
alleged  motive,  but  his  strength  would  not 
allow  him.  He  reminded  them,  however, that 
the  testimony  of  General  Brice  and  Charles 
L.  Ketchum,  as  to  her  declarations  to  them, 
were,  by  the  rulings  of  the  Court,  no  more  in 
the  case  than  if  they  had  never  heard  of  it, 
except  just  so  far  as  she  had  assented.  He 
then  referred  to  the  testimony  about  the  vest, 
and  said  it  was  of  no  more  importance  than  if 
his  hoots  or  his  hat  had  beep  missing. 

The  Court  here  took  a  recess  for  ten  minutes, 
and  the  gallant  Chief  Judge  insisted  that  the 
ladies  should  all  have  seats;  he  requested 
those  who  occupied  seats  to  sit  closer,  and 
allow  those  who  he  observed  were  standing 
to  be  comfortable.  Some  of  the  ladies  bring 
lunch  and  candies,  and  stoutly  maintain  their 
positions. 

Upon  the  return  of  the  jury  the  Chief  Judge 
informed  them  that  it  was  impossible  to  con¬ 
clude  the  arguments  to-day,  and  that  Mr. 
Steele  was  too  much  fatigued  to  proceed.  The 
Chief  Judge  further  informed  them  that  the 
Court  would  then,  at  12:30,  adjourn  until  half¬ 
past  10  o’clock  on  Monday  next.  This  an¬ 
nouncement  was  received  by  the  solemn-look¬ 
ing  twelve  with  looks  of  disappointment,  and 
the  audience  (especially  the  ladies)  seemed  to 
share  in  their  feelings  of  impatience  to  have 
the  trial  proceed. 

The  Chief  Judge  next  ordered  the  audience 
to  leave  the  court  room,  and  there  was  at 
once  something  of  a  rush  from  the  building 
by  those  who  desired  to  secure  front  positions 
in  the  tiles  which  each  day  enclose  Mrs.  Whar¬ 
ton  until  she  reaches  her  carriage.  After  the 
files  had  formed,  the  officers  of  the  court, 
under  orders  from  the  Chief  Judge,  widened 
the  distance  between  them  from  three  to  ten 
or  twelve  feet.  A  delay  of  five  minutes  or 
more  followed  before  the  objects  of  the  eager 
expectations  of  the  crowd  appeared.  Miss 
Wharton,  on  the  arm  of  Mr.  Fendall,  of  Wash¬ 
ington,  came  first,  and  was  followed  at  a  few 
paces  by  Mrs.  Wharton,  on  the  arm  of  Sheriff 
Chairs. 


As  they  passed  they  were  closely  observed, 
and  around  the  carriage  which  was  in  waiting 
a  jostling  crowd  of  men  and  women  had  al¬ 
ready  gathered.  Every  movement  was  scru¬ 
tinized,  and  not  until  Mrs.  Wharton’s  car¬ 
riage  had  gone  ten  or  fifteen  yards  was  she  re¬ 
lieved  from  the  gaze  of  the  curious. 

The  jury  was  soon  after  marched  to 
their  quarters  at  the  City  Hotel.  They  are 
there  kept  in  an  upper  room  of  a  retired  part 
of  the  building,  and  are  closely  watched, 
night  and  day,  by  the  officers  in  charge  of 
them.  Many  of  them  show  signs  oifextreme 
restlessness,  and  two  of  the  seven  bachelors 
among  them  are  said  to  be  all  anxiety  for  an 
early  release.  The  five  married  jurors  look  as 
if  they  would  prefer  even  a  little  henpeckiug 
to  the  loneliness  which  has  proved  so  irksome 
and  hard  to  bear. 

The  attendance  to-day  was  greater  than  on 
any  previous,  and  the  interest  was  of  the 
most  earnest  character.  So  great  was  the 
crowd  of  ladies,  that  notwithstanding  the 
surrender  of  more  than  half  the  court  room  to 
them,  a  number  were  observed  to  be  sitting 
in  the  laps  of  others,  and  others  again  were 
obliged  to  stand.  The  aisle  of  "the  court 
house  was  crowded  with  men,  who  seemed 
eager  to  catch  every  word.  It  is  not  improba¬ 
ble  that  during  the  closing  hours  of  the  trial 
ladders  wili  be  put  up  to  the  windows  by  the 
irrepressible  masculine  attendants. 

Mrs.  Wharton  and  her  daughter  were  still 
very  calm  to-day,  and  the  accused  was  a  most 
attentive  listener  to  Mr.  Steele.  Notwith¬ 
standing  the  heaviness  of  her  veil  she  recog¬ 
nizes  many  of  the  familar  faces  of  the  Bal¬ 
timoreans  who  attend  now,  but  does  not 
make  known  her  recognition  to  any  of  them 
until  the  session  of  the  Court  closes. 

It  is  said  by  those  who  have  visited  Mrs. 
Wharton  in  her  prison,  that  these  latter  days 
of  her  trial  bear  heavily  upon  her,  ana  that 
the  long  suppressed  feelings  of  herself  and 
daughter  find  relief  in  weeping  when  they 
reach  the  privacy  of  their  room  in  jail.  The 
Sheriff  allows  her  such  privileges  as  are  con¬ 
sistent  with  the  regulations  of  the  jail,  and 
her  room  is  comfortably  butplainly  furnished. 
Her  meals  have  been  served  from  Black’s  res¬ 
taurant,  and  she  is  each  day  conveyed  to  and 
from  the  court  house  in  a  carriage. 

Mr.  Steele  will  resume  his  argument  on 
Monday,  and  will  probably  occupy  two  hours 
and  a  half  in  concluding  hisexhaustive  effort. 
Attorney  General  Syester  will  follow,  and  will 
not  conclude  until  Tuesday,  unless  the  Court 
holds  an  afternoon  session,  which,  it  is  said, 
Mrs.  Wharton’s  health  will  not  allow.  Mr. 
Syester  is  a  lawyer  of  undoubted  ability,  and 
is  one  of  the  most  effective  speakers  iu  Mary¬ 
land.  Ho  has  great  earnestness  of  manner, 
and  a  rare  command  of  language,  frequently 
using  as  many  as  one  hundred  and  fifty  words 
a  minute.  Though  under  45  years  of  age  he 
has  been  engaged  m  more  than  25  murder 
trials,  and  has  established  a  high  reputation 
as  a  criminal  lawyer. 

Mr.  Charles  L.  Ketchum  was  not  present  on 
yesterday,  but  returned  to-day.  He  left  this  • 
afternoon  for  Washington,  and  announced 
that  he  would  not  return.  General  Brice  has 
not  been  present  for  ten  days  or  more. 


THE  WHABTON-KETGHUM  TRIAL. 


163 


Among  those  present  to-day  -were  Hon. 
Frederick  W.  Stone,  Judge  Kandall,  of  An¬ 
napolis;  Hon,  James  T.  Earle;  Hon.  Barnes 
Compton:  Colonel  H.  D.  Loney;  Drsr.  Williams, 
Chew  and  Miles;  Professor  Aikin;  Captain  J. 
Henly  Smith,  of  Baltimore;  Commodore  Wor¬ 
den,  Superintendent  of  the  Naval  Academy; 
Commander  J.  S.  Skerrett;  Dr.  Landsdale,  of 
the  navy;  James  M.  Garnett,  President  of  St. 
John’s  College;  Rev.  C..K.  Nelson;  M.  Wilson 
Carev,  of  Baltimore;  Captain  James  Clarke, 
member  of  the  Maryland  House  of  Delegates; 
Colonel  Albert  Ritchie,  Wrn.  Fell  Giles,  Jr., 
Colonel  G.  W,  P.  Smith,  James  M.  Buchanan, 
Charles  Beasten,  J.  A.  L.  McClure,  Upshur 
Dennis,  and  Thomas  J.  Baer,  of  the  Baltimore 
bar-  and  H.  S.  Howison,  James  B.  Hodges, 
John  Mason,  Philip  Randall,  and  others  of  the 
Annapolis  bar. 


F©Sra,'£'»lFiS2Srr  BAY. 

Annapolis,  January  23, 1873. 

The  excitement  attending  the  close  of  Mrs. 
Wharton’s  trial  seems  to  be  increasing,  and  it 
requires  but  a  glance  at  the  dense  crowd  as¬ 
sembled  to-dav  in  the  court,  room  to  tell  that 
the  hearts  and  minds  of  the  spectators  are 
stirred  by  a  feeling  of  intense  interest  in  the 
proceedings.  The  life  of  a  woman  is  in  t-he 
balance,  and  the  approach  of  the  hour  when 
the  question  of  life  or  death  to  her  is  to  be 
iinally  decided,  draws  around  her  an  absorb¬ 
ing  consideration. 

The  court  room  was  crowded  to-day  long 
in  advance  of  the  assembling  of  the  Court, 
and  the  ladies  exhibited  much  anxiety  to 
secure  positions  from  which  they  could  see 
and  hear  all.  The  train  from  Baltimore 
brought  a  greater  number  than  on  any  pre¬ 
vious  day,  and  the  court  room  was  crowded 
to  its  utmost  capacity.  When  the  Chief  Judge 
and  Mrs.  Wharton’s  counsel  arrived,  the  jury 
were  in  their  seats,  and  Mrs.  Wharton,  unac¬ 
companied  to-day  for  the  first  time  by  her 
daughter,  and  only  by  Mrs.  Nugent,  Mr.  and 
Mrs.  J.  Crawford  Neilson,  who  have  con¬ 
stantly  attended  her,  occupied  their  accus¬ 
tomed  position.  All  was  in  readiness  for  the 
commencement  of  the  closing  week  of  the 
great  trial. 

At  20  minutes  past  11  o’clock  Mr.  Steele  re¬ 
sumed  his  argument,  and  after  thanking  the 
jury  for  their  patience  in  having  previously 
Jieurd  him,  he  came  to  the  moral  circum¬ 
stances.  and  said  that  the  State  had  over  and 
over  again  substituted  naked  and  prurient  sus¬ 
picions  in  the  place  of  acts,  ihe  State  had 
not  only  not  proved  Mrs,  W  harton’s  guilt,  hut 
bad  proven  that  she  could  not  have  poisoned 
Gen  Ivetchum.  He  then  referred  to  the  medieal 
and  chemical  testimony,  and  in  the  beginning 
said  the  proof  offered  fell  far  short  of  the 
charges  the  State  had  made,  and  that  there 
was  a  virtual  abandonment  of  the  case  by  the 
State.  Ho  lirst  referred  to  the  testimony  of 
Prof.  Aikin,  and  said  he  desired  to  say  noth¬ 
ing  unkind  of  him,  but  the  testimony  he  had 
<nven  was  no  proof,  and  that,  moreover,  Prof. 
Aikin  had  showed  on  the  witness  stand  that 
he  was  singularly  unconscious  of  theresponsi- 

11 


bility  which  rested  upon  him.  One  would 
have  supposed  that  he  would  naturally  have 
inquired  into  the  symptoms  of  General  K.. 
but  be  knew  of  none  of  them.  One  would 
have  thought  that  he  would  have  used 
every  precaution  in  his  laboratory,  where  no 
human  eye  could  see  his  results,  but  he  had 
come  before  the  jury  without  a  memorandum, 
and  nearly  empty-handed.  He  threw  every¬ 
thing  away,  anil  divested  himself  of  the 
proofs  which  would  have  told  the  whole 
truth.  He  had  sought  by  the  positiveness  of 
his  own  assertions  to  eke  out  what  be  con¬ 
sidered  proof.  He  had  said  that  his  three  tests 
were  conclusive  of  the  presence  of  antimonv; 
he  had  already  examined  for  arsenic  and 
strychnia  and  failed  to  find  them.  Mr. 
Steelo  here  reviewed  the  first  tests  of  Prof. 
Aikin,  and  claimed  that  his  very  first  test 
had  failed.  He  could  not  tell  what  color  he 
had  obtained,  and  yet  he  came  and  told  the 
jury  that  they  should  take  the  life  of  this 
woman  on  his  judgment  alone.  Mr.  Steele 
further  reviewed,  in  an  able  manner  and 
without  the  use  of  a  note,  much  of  Professor 
Aikiu’s  testimony  as  to  his  final  tests.  The 
jury  was  asked,  after  all  these  tests 
had  failed,  to  believe,  on  Professor 
Ailcin’s  judgment,  that  twenty  grains  of  tartar 
emetic  were  in  the  stomach  he  examined. 

When  he  was  cross-examined  it  was  discov¬ 
ered  that  before  he  asserted  in  his  report  to 
the  State’s  Attorney  of  Baltimore  that  he  had 
found  antimony  he  made  a  test  which  he  did 
not  mention  in  his  examination  in  chief.  Yet, 
without  having  mentioned  that  final  test, 
which  settled  his  opinion  when  he  made  his 
report,  he  came  before  this  jury  and  asked 
them  to  believe  that  he  had  found  antimony 
without  that  final  test.  In  God’s  Providence 
he  was  not  permitted  to  stop  where  he  had 
determined  to  stop,  something  carried  him 
one  step  further,  and  that  last  test  proved 
that  there  was  no  antimony. 

The  State’s  own  witness  had  thus  proved 
that  no  antimony  was  in  General  K.’s  stomach. 
Dr.  Williams  had  tested  the  secretion  of  the 
kidneys  with  nitric  acid  and  heat,  and  had 
found  nothing  abnormal.  Professor  White 
then  made  an  experiment,  which  proved  that, 
if  antimony  had  been  in  the  secretion  of  the 
kidneys,  it  would  have  been  inevitably  dis¬ 
covered.  Was  it  not  a  crime  for  Dr.  Aikin  to 
have  stopped  where  lie  did?  If  ten  grains  of 
gold,  instead  of  antimony,  had  been  present 
in  that  stomach,  he  (Mr.  Steele)  expected  that 
Professor  Aikin  would  have  found  them,  hut 
yet  in  a  case  in  which  a  human  life 
was  at  stake,  he  had  stopped 
when  he  had  obtained  wbat  he  thought 
was  proof.  Mr.  Steele  said  he  would  like  to 
review  the  testimony  further,  but  bis  strength 
would  not  allow  him. 

He  then  referred  to  the  solemn  warnings  of 
the  law,  and  said  Professor  Aikin  could  ask 
no  jury  to  find  ou  their  oaths  that  tartar 
emetic  was  in  the  stomach  of  General  K. 
Mr.  Steele  came  next  to  the  analysis  of  the 
sediment  in  the  tumbler,  and  said  that  in  that, 
too,  Providence  had  shielded  the  prisoner.  Pie 
then  spoke  of  the  failure  of  Professor  Aikin 
to  pursue  his  tests  in  analyzing  the  sediment 
in  the  tumbler. 


164 


TEE  WEARTON-KETCEUM  TRIAL. 


Drs.  Chew  and  Williams  had  tasted  the  sedi-  !  was  any  other  poison,  and  it  was  not  charged 
ment  before  they  took  it  to  Professor  Aikin.  1  in  the  indictment.  Mr.  Steele  again  referred 
and  they,  expe;  ienced  as  they  were,  did  not 1  to  the  testimony  as  to  the  symptoms  of  Gen. 
think  it  was  tartar  emetic.  But  what,  did  Ketelium’s  sickness  during  Tuesday  and  Wed- 
Mrs.  Wharton  have  to  do  with  that  tumbler?  |  nesday,  and  said  that  Dr.  Williams,  though  a 
It  had  been  lugged  into  this  case  by  the  ;  skillful  physician,  and  one  who  always  looked 
State’s  officers  because  they  felt  the  weakness  well  to  his  case,  had  no  suspicion  of  the  ex- 
of  Professor  Aikin’s  testimony,  and  there  was  i  istence  of  any  poison.  Drs.  Williams,  Miles 
no  proof  that  Mrs.  Wharton  had  put  tartar  and  Chew  made  the  post  mortem,  and  yet 
emetic  in  it,  or  had  an  opportunity.  If  that  they  went  before  Professor  Aikin  and 
tumbler  had  been  found  full  of  tartar  emetic  mentioned  nothing  but  strychnine.  There 
it  would  not  show  that  Mrs.  Wharton  :  was  no  suspicion,  even  by  these  experts, 
had  anything  to  do  wilh  it,  and  not,  that  tartar  emetic  had  been  given.  Dr.  ChcW 
half  so  much  as  some  others.  The  room  said  the  case  was  ah  obscure  one.  and  said  he 


in  which  it  was,  he  might  say,  was  a  public 
one,  and  the  jury  could  not  accept  an  infer¬ 
ence  in  this  case,  but  only  positive  prooi.  Mr. 
Steele,  to  illustrate  the  uncertainty  of  chemi¬ 
cal  processes,  here  related  a  recent  experi¬ 
ment  on  mustard,  made  by  the  celebrated 
chemist,  Dr.  Doremus,  of  New  York,  in  open 
court,  in  which  he  showed  that  a  piece  of 
filtering  paper,  and  not  the  mustard  he  used, 
gave  him  results  which  even  he  had  at  first 
thought  were  positive.  Mr.  Steele  then  re¬ 
ferred  to  the  great  necessity  for  the  most 
absolute  proof  of  the  presence  of  the  sus¬ 
pected  matter,  and  said  Professors  McCulloch 
and  White  and  Drs.  Reese  and  Genth  were 
right  when  they  swore  that  Professor  Aikin’s 
results  gave  them  only  a  suspicion  that  anti¬ 
mony  had  been  present  in  General  Ketchum’s 
stomach  and  in  the  sediment.  He  next  re¬ 
ferred  to  the  testimony  of  Professor  Tonry, 
and  said  the  manner  in  'which  it  had  been  in¬ 
troduced  was  enough  to  cast  doubt  upon  the 
whole  matter.  Drs.  Williams  and  Chew,  who 
had  sworn  against  Mrs.  Wharton,  had  gono  to 
Washington,  unknown  to  the  counsel  for  the 
defence,  dug  up  General  Ketchum,  and  with¬ 
out  giving  the  defence  an  opportunity  to  co¬ 
operate,  had  placed  them  in  the  hands  of 
Professor  Tonry.  When  he  analyzed  the  re¬ 
mains  in  his  first  test  ho  failed  to  get  a  trace 
of  antimony,  and  his  test  actually  showed 
that  no  antimony  was  there.  When,  at  the 
end  of  the  time  the  Court  allowed  him,  he  re¬ 
turned,  he  was  empty-handed.  He  brought 
with  him  only  a  few  little  spots  and  left  all 
his  precipitates  behind  him.  Mr.  Steele  then 
ably  reviewed  the  tests  of  Professor  Tonry. 
Dr." Genth  had  brought  before  the  jury  spots 
undoubtedly  caused  by  antimony,  four  or  five 
times  larger  than  those  exhibited  by  Profes¬ 
sor  Tonry,  and  yet  he  got  no  such  results  as 
Prof.  Tourv  said  he  obtained.  Prof.  Tonry  in¬ 
tentionally  kept  back  what  would  have  been 
proof  of  the  value  of  his  tests,  and  under  such 
circumstances  the  jury  could  not  hang  a  dog. 
Professor  Tonry  was  told  to  look  for  antimony, 
and  that  was  a  fact  which  the  jury  should  not 
lose  sight  of  for  a  minute.  Mr.  Steele  then 
related  how  Christison,  the  great  Scotch 
chemist,  had  saved  a  man  in  Dublin  by  a  sim¬ 
ple  test  of  the  saliva  from  the  mouth  of  the 
judge,  showing  that  even  in  that  prussic  acid 
existed.  The  State’s  chemical  testimony  in 
this  case  not  only  did  not  prove  that  there 
was  tartar  emetic  in  General  Kotclium’s 
stomach,  hut  had  disproved  it. 

If  tartar  emetic  had  not  been  found,  then 
there  could  be  no  conviction  of  Mrs.  Wharton. 
There  was  not  a  particle  of  proof  that  there 


could  not,  in  his  own  mind,  assign  a  cause  for 
Gen.  Ketchum’s  death.  He  was  the  first  ex¬ 
pert  called  by  the  State,  and  if  he  could  not 
decide  the  cause  of  death,  how  could  the  jury 
decide  it?  Dr.  Donaldson  had  gracefully  eva¬ 
ded  the  question  whether  or  not  Gen.  Ketchum 
died  of  tartar  emetic  poisoning,  and  after  Dr. 
Chew  previously  had  declined  to  say  that 
Gen.  Ketchum  died  of  tartar  emetic  poison¬ 
ing,  the  State  dropped  the  question  and 
virtually  abandoned  the  case,  because 
it  was  bound  to  prove  death  from 
tartar  emetic.  When  this  ship,  which  the 
State’s  officers  had  so  ably  steered,  freighted 
though  it  was  by  suspicions  alone,  sank  at 
that  inquiry  of  Dr.  Chew,  the  case  agaftist 
Wharton  sank  with  it.  The  jury  could  not 
stultify  themselves  by  undertaking  to  decide 
the  cause  of  death  when  the  State  could  not 
itself  decide  it.  Mr.  Steele  then  addressed 
himself  to  the  symptoms  attending  Gen.  K.’s 
sickness,  and  called  attention  first  to  the 
rigidity  of  the  muscles.  He  then  noted  the 
absence  of  those  symptoms  which  the  books 
laid  down  as  those  of  tartar  emetic  poisoning. 
In  some  rare  cases  there  are  what 
are  called  tetanic  spasms,  but  they  did 
not  exist  in  General  K.’s  sickness.  The 
larger  portion  of  the  symptoms  of  cerebro 
spinal  meningitis  were  present,  and  the  jury 
could  say  from  tho  symptoms  alone  that  it 
was  infinitely  more  probable,  that  General  K. 
died  from  cerebro  spinal  meningitis  than  from 
tartar  emetic  poisoning.  Drs.  Williams,  Chew 
and  Miles,  after  they  believed  that  tartar 
emetic  had  been  found,  posted  down  to 
Washington,  dug  up  General  K  ,  and  looked 
for  the  lesions  attending  tartar  emetic  poison¬ 
ing,  especially  the  engorgement,  of  the  right 
side  of  the  heart.  They  swore  that  all  the 
organa  were  perfectly  healthy.  The  evi¬ 
dences  of  congestion  which  they  dis¬ 
covered  were  perfectly  consistent  with  the 
belief  that  ,  cereoro  spinal  meningitis 
was  the  cause  of  death,  and  inconsistent 
with  tartar  emetic  being  that  cause.  Until 
the  State  had  proved  that  tartar  emetic  was 
the  cause  of  death,  its  officers  could  not.  ask 
the  jury  to  convict  Mrs.  Wharton.  Mr.^Steelo 
here  referred  to  the  testimony  of  Dr.  Warren, 
and  said  he  had  testified  ably.  It  had  been 
attempted  to  cast,  discredit  on  his  testimony, 
and  to  have  it  believed  that  he  said  cerebro 
spinal  meningitis  was  an  epidemic  in  Balt  i¬ 
more.  But  Dr.  Warren  had  only  said  that  it 
was  a  disease  which  was  epidemic  in  Balti¬ 
more  to  a  certain  extent,  and  not  that  it  was 
an  epidemic.  His  testimony  would  bo  re¬ 
garded  by  the  medical  profession  as  a  valua- 


THE  WEAR TON-KETCHUM  TRIAL. 


165 


ble  contribution  to  science.  If  the  jury  had 
to  decide  the  question,  even  in  a  civil  suit,  the 
creat  weight  of  the  testimony  was  on  the 
side  of  cerebro  spinal  meuingitis. 

The  case  was  one  which  justified  the  ac¬ 
cused  in  asking  a  prompt  acquittal.  Let  your 
verdict  be  one  which  will  not  hereafter  bring 
upon  you  the  reproaches  of  your  owu  con¬ 
sciences.  Let  your  verdict  he  such  as  will 
not  bring  upon  you  the  judgment  of  your 
God.  Do  your  duty,  and  those  who  may  seek 
to  cast  blame  upon  you  will  be  those  whose 
censures  you  would  covet,  whose  praise  you 
would  scorn.  Mrs.  Wharton  had  sat  before 
the  jury,  not  permitted  to  say  anything,  and 
her  counsel  had  only  been  allowed  to  say  what 
they  might  think  was  best.  The  time  was  at 
hand  when  nothing  more  could  be  said  for 
her,  and  the  case  was  near  its  close.  The  At¬ 
torney  General,  who  so  worthily  wore  the 
laurels  which  had  graced  the  brows  of 
a  long  list  of  distinguished  men, 
would  doubtless  endeavor  to  have  the  jury 
convict  her;  but  he  begged  the  jury  to  let  no 
considerations  except  those  of  the  law  and  the 
proof  to  influence  their  minds.  He  did  not 
ask  for  mercy  for  the  prisoner,  for  that  im¬ 
plied  guilt.  She  had  been  more  sinned  against 
than  sinning,  and  all  her  hopes  for  happiness 
had  already  been  blurred  and  blasted.  The 
past  could  not  he  recalled,  and  she  must  now 
seek  for  consolation  from  God.  Mr.  Steele 
then  referred  to  the  daughter  of  the  prisoner, 
and  said  the  filial  devotion  of  the  Roman 
daughter  of  whom  Mr.  Hagner  had  spoken 
so  eloquently,  paled  before  the  devo¬ 
tion  of  this  girl.  She  had  opposed 
her  only  slender  form  but  great  heart 
between  the  tvorld  aud  her  mother,  and  he 
begged  the  jury  not  to  take  that  mother  from 
her.  In  conclusion,  Mr.  Steele,  in  the  most 
feeling  manner,  begged  the  jury  to  give  snob 
a  verdict  as  would  give  them  no  reproach  of 
their  consciences  iu  all  their  after  lives. 

Mr.  Steele  then,  at  12:30,  closed,  and  the 
court  took  a  recess  for  ten  minutes.  Daring 
the  delivery  of  his  closing  remarks  to  the 
jury  many  of  the  ladies  shed  tears,  and  there 
was  an  impressive  silence  throughout  the 
dense  audience.  Mrs.  Wharton  was  very  calm 
while  ho  was  arguing  in  her  behalf,  but  when 
he  took  his  seat  she  was  for  a  moment,  but 
■  only  a  moment,  visibly  affected.  She  very 
.  soon,  however,  recovered  herself  and  resumed 
i  her  erect  position.  Mrs.  Nugent,  for  the  last 
j  twenty  or  thirty  minutes  of  Mr.  Steele’s  argu¬ 
ment.  sat  just  behind  Mrs.  Wharton  with  her 
handkerchief  to  her  eyes  and  weeping  bitterly, 
but.  in  a  suppressed  manner.  Mr?,.  Neilsoa  also 
hung  her  head  and  seemed  to  feel  deeply  the 
eloquence  of  Mr.  Steele. 

The  argument  of  Mr.  Steele  was  throughout 
a  most  able  effort.  He  showed  that  he  had 
brought  to  bear  upon  every  question  involved 
in  the  case  the  energies  of  a  master  legal 
mind,  and  his  analysis  of  the  testimony  was 
thorough,  and  showed  that  he  had  grasped  all 
its  connections  aud  hearings.  Soon  after 
taking  his  seat  he  turned  around  to  Mrs. 
Wharton,  and  was  engaged  for  a  minute  or 
two  in  earnest  conversation  with  the  prisoner 
in  whose  cause  he  had  exerted  himself  so 
ably.  Mrs.  Wharton  spoke  to  him  in  earnest 


hut  hurried  tones,  hut  not  more  than  a  sen¬ 
tence  or  two. 

At  the  conclusion  of  Mr.  Steele’s  argument 
there  was  such  a  crowd  within  the  bar  that 
the  confines  of  the  jury  were  almost  invaded, 
and  the  Chief  Judge  had  finally  to  order  the 
Sheriff  to  remove  the  intruding  spectators. 

At  10  miuutes  of  1  o’clock  Mr.  Syester  began 
his  argument.  The  case  was  one  of  circum¬ 
stantial  evidence,  and  he  admitted  that  the 
last  syllable  of  legal  proof  must  be  exhausted 
before  the  jury  could  lay  t-heir  hands 
upon  a  hair  of  the  prisoner’s  head. 
The  ease  was  fraught  with  all  the  sympathies 
of  the  human  heart,  but  this  was  not  anew 
aspect  of  criminal  prosecutions,  and  the  case 
itself  was  not  a  new  one.  If  the  testimony 
brought  the  jury  to  the  conviction  of  the 
prisoner’s  guilt  they  could  not  consider  upon 
whose  head  the  blow  fell  or  whose  heart  was 
torn  by  their  verdict.  A  long  portion  of  the 
long  imprisonment  was  due  in  a  great  measure 
to  the  removal  of  her  case  from  Baltimore 
from  among  those  who  knew  her.  He  first 
assumed  that  General  K.  died  from  un¬ 
natural  causes,  and  in  strong  and  forcible 
language  described  General  K.  He  went  to 
Mrs.  Wharton’s  house  a  well  man,  hut  the 
angel  of  death  hovered  over  that  house, and  ere 
he  had  been  four  hours  beneath  he  was  stif¬ 
fening  and  straightening  for  the  grave. 
In  less  than  three  days  more  he  had  already 
been  involved  in  the  game  of  life  and  death. 
The  jury  must  inquire  whether  that  fearful 
death  was  caused  by  a  natural  or  unnatural 
cause.  We  lay  our  hand  at  the  threshold  of 
the  case  that  Mrs.  Wharton  had  bought 
deadly  poison.  Her  counsel  had  not  even  at¬ 
tempted  to  prove  that  she  was  in  the  habit  of 
using  as  medicine  that  deadly  drug,  or  that 
any  one  had  prescribed  it  for  her.  No  one  had 
come  forward  and  said  that  it  was  ever 
bought  by  Mrs.  Wharton  before  those  fatal 
days  when  General  K.  was  in  her  house,  and 
this  one  fact  crushed  the  case  of  the  defence 
to  atoms. 

Mr.  Syester  then  read  from  an  authority, 
touching  the  question  of  the  fact  of  the  dis¬ 
covery  of  a  poison,  aud  recognizing  no  neces¬ 
sity  for  the  actual  discovery  of  the  poison  in 
a  dead  body.  Mr.  Syester  then  addressed 
himself  to  the  consideration  of  the  testimony 
in  reference  to  the  purchase  of  tartar  emetic, 
and  said  that  no  man  could  doubt  that  Mrs. 
Wharton  had  tartar  emetic  in  her  possession, 
unless  they  believed  that  Mrs.  Chubb  and  Mr. 
Kleinschmidt  lied.  Mrs.  Wharton  had  the 
poison,  and  the  opportunity  to  use  it.  Dr. 
McSherry  had  sworn  that  he  never  prescribed 
itforher.  Then  what  did  she  want  with  it?  Did 
Mr.  Van  Ness  need  it?  Did  General  Ketchuni 
need  it?  No  attempt  had  been  made  to  deny  the" 
possession  of  the  poison, and  that  fact  stared  the 
jury  iu  the  face  at  the  very  first  step  in  the 
case.  Mrs.  Chubb  had  sworn  that  she  bought 
the  tartar  emetic  and  delivered  it  to  Mrs. 
Wharton,  and  yet  the  defence  asked  whv  Mr. 
Myer  had  not  been  brought  in  this  case.  What 
did  the  State  want  with  Mr.  Myer  when 
Mrs.  Chubb  had  sworn  she  had  bought  it  from 
him?  Why  then  did  the  defence  not  bring 
Mr.  Myer  if  they  wanted  to  prove  that  Mrs . 
Chubb  never  bought  tartar  emetic  from  him? 


1G6 


THE  WHARTON-KETCHUM  TRIAL. 


Susan  Jacobs  had  sworn  to  the  vial  of  lauda¬ 
num.  What  was  it  doing  in  General  K.’s  bed? 
The  defence  had  brought  out  that  fact  only 
to  show  that  Mrs.  Wharton  herself  had  a  the¬ 
ory  oi  the  cause  of  death,  but  it  stood  out 
like  a  finger-board  of  crime.  It  was  no  new 
tbiug  in  the  history  of  those  acts  by  which 
criminals  sought  to  conceal  their  crimes-  The 
defence  had  gravely  contended  that  the  old, 
fatigued  man,  as  they  called  him,  had  on  the 
very  evening  of  the  day  he  reached  Baltimore 
walked  to  Coleman  &  .Rogers,  passing.perhaps, 
a  dozen  drug  stores,  and  bought  that  vial  of 
laudanum.  Was  it  reasonable  ?  It  was  not. 
And  then  let  us  look  at  the  vial.  It  holds  but 
an  ounce,  and  yet  the  defence  had  come  be¬ 
fore  this  jury  and  claimed  that  it  was- emptied 
only  after  three  days.  Did  Mrs.  Wharton  act 
as  an  innocent  woman  when  she  found  that 
vial  in  his  bed?  No,  she  did  not.  She  be¬ 
lieved  then,  if  she  ever  believed,  that  her 
friend  and  guest  was  taking  means  to  end 
his  own  life.  But  what  did  she  do?  Did  she 
try  to  save  him?  Did  she  call  medical  atten¬ 
tion  t  him?  No,  she  told  no  one,  and  only 
mentioned  it  to  Mr.  Hutton  when  it  was  too 
late.  That  was  a  damning  fact  in  the  case. 
And  then,  again,  how  about  the  sangaree? 
fche  said  Dr.  Williams  had  told  her  he  might 
have  it.  and  yet  when  Dr.  Williams  was 
6 worn  he  said  he  never  mentioned  it  to  her. 
She  told  Colonel  Loney  that  General  Ketchum 
had  taken  it,  and  in  a  few  minutes  after  she 
had  left  with  him  for  a  pleasure  ride,  Mrs. 
Louey  heard  him  vomiting.  That  was  the 
vomiting  which  even  old  Susan  did  not  see, 
and  which  Mr.  Steele  had  tried  to  persuade 
the  jury  was  only  snoring,  and  that  his  snor¬ 
ing  in  a  room  of  the  third  floor  had 
been  mistaken  bv  Mrs.  Loney  on  the 
first  floe  r  for  vomiting.  No  ordinary  mo¬ 
tive  prompted  Mrs.  Wharton  to  accuse 
her  “friend,”  General  Ketchum,  of  suicide. 
"Wbat  reason  had  he  to  commit  suicide? 
There  was  no  proof  that  he  had  any  reason  to 
be  wearied  of  life — the  contrary  hail  been 
shown  to  the  jury. 

Mr.  Sy ester  then  read  from  an  authority 
touching  the  importance  to  be  attached  to  the 
misrepresentations  of  criminals  and  their  at¬ 
tempts  to  avoid  surprise  from  the  sudden 
deaths  of  their  victims.  Susan  Jacobs,  that 
immaculate  witness  before  whose  testimony 
every  other  witness  was  to  go  down,  had 
sworn  that  she  was  called  to  make  up  Gen¬ 
eral  Iv  chum's  bed  because  his  feet  were 
higher  than  his  head,  and  yet  that  the  vial  of 
laudanum  had  rolled  down  iuto  the  middle  of 
the  bed.  Would  the  jury  believe  that?  Could 
any  man  believe  it  l  One  striking  and  re¬ 
markable  fact  was  that  the  physicians  and 
those  who  were  around  General  Ketchum 
had  not,  been  summoned,  hut  that  in  their 
stead  hired  partisans  had  been  summoned. 
Experts  were  paid,  and  it.  was  no  more  to  be 
expected  that  they  would  not  sustain  the  case 
as  best  they  could,  that  the  counsel  themselves 
would.  The  experts  for  the  defence,  in  their 
exigency,  brought  into  the  case  what 
-w.'s  never  in  it,  and  had  attempted 
to  have  the  jury  believe  that  Gen¬ 
eral  Ketchum  was  on  the  very  day  he 
leached  Baltimore  enfeebled  in  mind  and  in 


body.  They  had  fastened  on  that  terrible 
disease,  cerebro  spinal  meningitis,  which 
struck  down  its  victims  like  lightning.  They 
started  with  the  idea  that  he  was  fatigued 
before  he  left  Washington,  and  that  tie  was 
fatigued  by  a  walk  from  Georgetown  Heights 
to  Washington,  and  it  mattered  not  to  them 
that  lie  refused  fo  ride  when  Mr.  Carusi  pro¬ 
posed  it.  There  was  no  business  transacted 
by  him  on  that  day  calculated  to  fatigue  his 
mind,  and  Mr.  and  Mrs.  Snowden  had 
beeu  attracted  by  his  cheerfnlness  and 
animation  as  he  rode  from  Wash¬ 

ington  to  Baltimore.  Dr.  Warren,  Dr. 
McClnrg  and  the  oth.ers,  who  had  been  hold 
enough  to  assert  that  he  died  of  cerebro  spinal 
meningitis,  had  clung  to  the  idea  that  he  was 
fatigued  when  ho  reached  Mrs.  Wharton’s, 
and  that  his  decease  was  superinduced  by 
cerebro  spinal  meningitis.  They  had  claimed 
that  it  was  a  terrible  fact  that  he  had  eaten 
no  dinner  that  day,  and  the  jury  was,  in 
reality,  asked  to  believe  in  tbe  dreams, 
speculations  and  theories  of  experts  who- 
had  come  iuto  this  case  with  the  de 
termination  to  force  it  from  the  hands  of 
the  State.  Dr.  Warren  had  contended 
that  there  was  in  Baltimore  an  epidemic 
tendency  to  cerebro  spinal  meningitis,  but 
when  be  was  faced  with  the  broad  question 
whether  or  not  it  was  an  epidemic  in  Balti¬ 
more,  he  had  asked  to  explain,  anil  so  it.  was 
always  with  the  experts  who  came  to  swear 
to  one  thing,  and  that  only;  they  always- 
wanted  to  explain.  Afterwards  he  confessed 
that  the  irregularities  of  General  K.’s  diet 
and  the  “potent”  influences  of  that  epidemic 
tendency  had  caused  General  K.’s  attack. 
That  was  the  testimony  of  the  man  whose 
testimony  Mr.  Steele  said  was  to  stand  as  a 
monument  of  medical  science.  He  loved  ti> 
use  medical  terms.  for  he  was  in 
the  army  during  the  late  war,  and 
he  spoke  fluently  of  the  suddenness 

of  its  invasion,  the  rapidity  bf  its  march,  and 
the  fatality  of  its  termination;  then  he  said 
that  the  identity  bet  ween  this  case  and  Dr. 
Baltzell’s  was  “complete.”  Mr.  Syester  then 
reviewed  the  testimony  of  Dr.  Warren,  Dr. 
Baltzell  and  Dr.  Williams  in  conjunction,  and 
said  he  utterly  denied  the  identity  which  Dr. 
Warren  claimed,  or  that  hyperesthesia 
existed.  No  medical  witness,  except  Dr.  War¬ 
ren,  who  Lad  seen  a  case  of  cerebro  spina), 
would  say  that  in  any  case  of  cerebrospinal 
they  had  seen  hyperesthesia  exist.  No  matter 
that  Dr.  Warren  fought  bard  to  get  hyperes¬ 
thesia  in  this  ijase.  He  said  that  a  touch  was 
sufficient  to  sliow  it,  and  that  it  was  shown  in 
General  K.’s  case  by  a  touch,  but  that  taking 
hold  oi  him  would  not  have  shown  it.  But 
what  did  Dr.  Bird  say?  He  said  that 
in  his  case,  when  he  bandaged  the 
arm  of  his  patient  and  inserted  the  lancet, 
the  patient  was  thrown  into  convulsions. 
Then  when  Dr.  Williams  and  Mr.  Hutton  un¬ 
dressed  Gen.  Ketchum,  touching  and  handling 
him,  there  was  no  hyperesthesia.  Where  was 
the  hyperesthesia  then?  So  when  Mrs.  Hut¬ 
ton  rubbed  his  hand  there  was  no  hyperesthe¬ 
sia.  But  Dr.  Warren  said  it  was  present  oner 
moment  and  gone  the  next.  The  other  wit¬ 
nesses  next  testified  that  hyperesthesia  was 


THE  WHARTON-KETCHTJM  TRIAL. 


167 


constant;  so  much  for  that  theory  of  Dr.  War¬ 
ren.  The  defence  had  again  claimed  that 
there  was  a  total  suppression  of  the  secretions 
of  the  kidneys,  but  at  last  the  defence  had 
been,  when  Dr,  Williams  was  recalled, 
forced  to  admit  that  his  bladder  had  been 
found  full.  Then  two  of  the  mam, 
prominent,  monumental  symptoms,  which  the 
defence  claimed,  hyperesthesia  and  a  sup¬ 
pression  of  the  secretions  of  the  kidneys, were 
not  nresent,  and  the  theory  of  their  experts 
fell  to  the  ground.  Mr.  Syester  next  came  to 
the  testimony  as  to  the  pupils  of  General  K.’s 
eyes,  and  claimed  that  the  claim  the  defence 
had  made,  that  their  condition  (abnormal, 
hnt.inseusitive  to  light)  was  not  sustained  by 
the  testimony  of  their  own  -witnesses,  who 
had  testified  to  the  symptoms  of  cerebro 
spinal  menigitis,  and  particularly  that  of  Dr. 
BaltzelFs.  Dr.  Morris,  who  had  given  his  tes¬ 
timony  in  an  admirable  manner, 
when  he  read  the  hypothetical  state¬ 
ment,  he  one  of  the  most  astute  and  ex¬ 
perienced  physicians  in  Maryland,  had  said 
lie  could  not  assign  a  cause  for  the  death  of 
the  patient  described.  Dr.  Warren  bad  said 
that  the  attack  General  Ketchum  had  was  as 
rapid  as  a  train  of  cars  going  down  hill  with 
the  brakes  all  up,  and  that  it  went  too  fast  to 
take  up  the  effects  of  tartar  emetic  even  if  it 
had  been  given  him. 

At  this  time  a  lady  in  the  audience  fainted, 
aud  a  commotion  was  caused  by  the  unto¬ 
ward  event.  The  Court  suggested  to  Mr. 
Syester  that  as  it  was  live  minutes  of  S 
o’clock  he  had  better  suspend.  The  Attorney 
General  suspended  and  the  Court  adjourned 
until  to-morrow  at  10  A.  M. 

The  audience  was  so  great  that  a  consider¬ 
able  time  elapsed  before  the  room  was  emp¬ 
tied.  The  crowd  was  greater  to-day  than  the 
room  could  possibly  contain,  and  men  were 
observed  clinging  to  the  tops  of  the  doors  as 
they  swung  back;  they  were  thus  enabled  to 
hear  and  to  see. 

Miss  Wharton  was  not  present  to-day,  and 
has  been  unable  to  leave  her  room  since  yes¬ 
terday  morning.  The  rial  has  proved  too 
great  a  burden  upon  her,  and  she  is  now  re¬ 
ceiving  medical  attention. 

Mrs.  Wharton  and  those  with  her  had  again 
to-day  to  pass  through  tiles  of  eager  men  and 
women,  and  her  carriage  was  surrounded  by 
a  large  crowd.  Kev.  A.  M.  Randolph,  rector 
of  Emmanuel  P.  E.  Church,  Baltimore,  was  in 
conversation  with  her  lor  a  few  minutes  after 
the  close  of  Mr.  Syester’s  argument. 

During  the  delivery  of  Mr.  Syester’s  argu¬ 
ment  to-day,  Mrs.  Wharton  was  very  calm, 
and  listened  attentively  to  all  that  was  said. 
Mr.  Syester  showed  that  he  was  determined 
to  analyze  the  case  to  the  utmost  of  his  abili¬ 
ties,  and  urge  his  views  upon  the  jury  in 
a  forcible  manner,  aud  was  heard 
with  marked  attention  and  several 
times  caused  slight  laughter  among 
the  crowd  by  bis  comments  upon  the  testi¬ 
mony  of  the  medical  witnesses  for  the  de¬ 
fence.  He  will  close  to-morrow,  and  the  case 
will  probably  he  given  to  the  jury  between  12 
and  1  o’clock.  To-morrow  will  be  the  most 
exciting  day  of  the  trial,  and  the  crowd  will 
doubtless  be  very  great. 


Among  those  present  to-day  were  Hon.  John 
Thompson  Mason,  Secretary  of  State;  Drs. 
Williams,  Miles  and  Chew,  Col.  H.  D.  Loney, 
Wm.  P.  Preston,  Commodore  Decatur,  Com¬ 
mander  j.  S.  Skerrett,  Jas.  McClure,  Hon.  Jus. 
T.  Earle  and  several  others  of  prominence. 


E<B>fiE,'E',K'.§E<C©IW  BIT. 

Annapolis,  January  23, 1872. 

The  forty-second  day  of  Mrs.  Wharton’s 
trial  opened  brightly,  indeed  more  pleasant 
weather  could  not  have  been  desired. 

The  great  trial  was,  of  course,  uppermost  in 
the  thoughts  of  the  Ann apoli tans,  and  there 
was  an  eager  desire  to  secure  good  seats  that 
the  closing  scenes  of  the  exciting  proceedings, 
which  all  knew  to-day  would  witness,  might 
be  fully  observed. 

So  great  was  the  anxiety  among  the  ladies 
to  he  present,  that  a  number  assembled  at  the 
door  of  tho  court  room  two  hours  before  the 
time  for  the  opening  of  the  Court,  and  the 
ever  courteous  clerk,  Colonel  Sprigg  Har¬ 
wood,  appreciating  their  impatience,  opened 
the  doors,  and  at  once  the  rush  and  scramble 
began.  Many  of  tho  ladies  occupied  seats  in 
the  windows,  that  they  might  overlook  the 
entire  court  room. 

It  was  not  long  before  it  was  crowded  with 
ladies,  and  the  murmur  of  conversation  which 
had  commenced  when  the  first  arrivals  took 
their  seats,  soon  arose  into  the  hum  of  numer¬ 
ous  voices  iu  animated  comments  and  discus¬ 
sions. 

Everything  showed  unmistakably  that  the 
excitement  over  “the  event  of  the  day”  was 
widespread  and  earnest,  and  never  before  in 
the  history  of  Maryland  was  such  an  anxiety 
shown  by  the  upper  classes  of  society  to  be 
present  at  a  criminal  trial.  On  yesterday 
Judge  Hammond,  appreciating  the  situation, 
said  from  the  bench  :  “Gentlemen,  you  must 
give  up  your  seats  to  the  ladies,  for  we  will 
have  no  quiet  in  the  court  room  until  they  are 
seated  and  satisfied.”  The  same  remark  would 
have  been  equally  applicable  to-day.  Mr. 
Revell  was  the  first  officer  of  the  law  to  arrive. 

Judge  Hammond  entered  soon  after,  and 
was  in  a  short  time  followed  by  Chief  Judge 
Miller  and  Judge  Hayden.  By  this  time  the 
court  room  was  jammed,  and  many  who  de¬ 
spaired  of  finding  even  standing  room  made 
quickly  for  the  outside  positions  at  the  win¬ 
dows.  These  are  all  high,  and  ladders,  planks 
and  fence-rails  were  brought  into  requisition. 
The  one  desire  to-day  of  the  eager  crowd  was 
to  see,  if  possible,  and  to  hear  by  all  or  any 
means.  At  20  minutes  of  10  Attorney 
General  Syester  arrived  and  seated  him¬ 
self  iu  front  of  the  jury-box. 

He  betook  himself  at  once  to  his  voluminous 
notes,  and  was  in  a  few  minutes  joined  by  Mr. 
Revell,  who  held  an  earnest  conversation  with 
him. 

At  ten  minutes  of  10  o’clock,  Mrs.  Wharton 
entered,  leaning  on  the  arm  of  Sheriff  Chairs, 
aud  followed  by  her  daughter,  Mrs.  Nugent, 
and  Mr.  and  Mrs.  J.  Crawford  Neilson.  and 
Miss  Neilson.  Mrs.  Wharton  was  at  once  “the 
observed  of  all  observers.”  She  and  her 


168 


.  THE  JV1IA R TON- KETCH UM  TRIAL. 


(laughter  appeared  very  calm,  bnt  the  latter  ! 
betrayed  a  little  nervousness.  Mrs.  Wharton 
•was  a  little  pale,  and  her  eyes  looked  as  if  she  : 
had  been  ■weeping. 

Miss  Wharton  seemed  to  be  sustained  by  a  ! 
desire  to  appear  as  calm  as  possible,  but  her 
face  lacked  the  color  which  she  usually 
wears.  Both  mother  and  daughter  were 
dressed  in  deep  black,  and  wore  the  heavy 
crape  veils  which  have  sO  long  concealed  their 
faces  fiom  the  gaze  of  the  spectators.  Mrs. 
Wharton,  soon  after  taking  her  seat,  assumed 
the  erect  position  and  calm, stoical  look  which 
has  so  remarkably  characterized  her  each  day. 

At  10  o’clock  Mr.  Steele  entered  the  court 
room,  and  the  crowd  regarded  him  with  much 
interest  as  he  advanced  and  took  his  seat  in 
front  of  Sirs.  Wharton,  and  shook  hands  with 
her.  Messrs.  Hagner  and  Thomas  soon  fol 
lowed,  and  in  a  short  time  quiet,  was  restored, 
proclamation  was  made,  and  all  was  in  readi¬ 
ness. 

At  five  minutes  after  10  o’clock,  !Jr  Svester 
resumed  his  argument  amid  an  impressive 
silence,  and  said  he  was  considering  the  testi 
raonj  of  Dr.  Morris  when  he  suspended  yes¬ 
terday.  Dr.  Morris  had  impressed  him  as  a 
perfectly  honest  man,  there  were  no  evasions 
and  no  attempts  to  cover  up  mistakes  in  long 
explanations.  All  was  perfectly  fair,  and  Dr.  ] 
Morris  deserved  great  credit.  His  testimony 
showed  that  General  K.  did  not  die  of  cerebro 
spinal  meningitis.  The  experts  for  the  defence 
had  in  their  exigency  found  tiiat  no  dise.ase 
would  suit  the  symptoms  of  Gen.  K.’s  sickness 
and  the  post  mortem  revelations,  except  the 
one  disease,  cerebro  spinal  meningitis.  Never 
before,  in  a  criminal  cause,  were  the  issues  of 
life  and  death  staked  so  confidently,  one  and 
ouly  one  cause.  The  jury  owe  it  as  well  to 
society  as  to  themselves  to  explore  this  theory 
and  to  test  all  the  testimony  relating  to  it. 
He  (Mr.  Syester)  had  found,  upon  inquiry, 
that  Dr.  Morris  stood  at  the  head  of  his  pro¬ 
fession  in  Baltimore,  and  he  deserved  to  stand 
as  he  did.  He  (Mr.  Syester)  was  willing 
to  take  Dr.  Morris’  testimony,  and  he 
could,  by  his  testimony,  explode  the 
theory  of  cerebro  spinal  meningitis.  When  the 
skillful  hypothetical  question  was  asked  Dr. 
Morris,  he  had  replied  that  he  -was  unable  to 
to  say  what  was  the  natural  cause  of  General 
Ketc'hnm’s  death,  if  there  was  any  natural 
cause,  and  that  hecoaM  not  assign  any  cause. 
He  had  said  he  saw  nothing  to  exclude  the 
theory  of  death  from  a  natural  cause,  but  he 
was  unable  to  say  what  that  natural  cause 
might  have  been.  The  defence  had  left  out  of 
that  hypothetical  statement,  the  important 
fact  that  the  post  mortem  revealed  the  irri¬ 
tation  of  the  intestines.  Tin-  v  laid  thus  omit¬ 
ted  what  would  have  been  __  a  certain 
guide  to  any  medical  man.  Mr.  Syester 
said  he  regretted  to  occupy  the  time 
of  the  Court  and  jury  by  reference  to  notes, 
but  he  found  in  the  official  short  hand  report, 
of  Dr.  Miles’  testimony  that  he  had  testified 
that  when  he  examined  the  intestines,  they 
presented  the  appearance  which  he  had  al¬ 
ways  found  when  the  mucous  membrane  was 
particularly  irritated,  aud  that  many  patches 
appeared  along  the  inside  of  the  intestinal 
canal.  He  further  said  that  ho  had  always 


found  such  irritation  when  the  mucous  mem¬ 
brane  had  been  highly  irritated.  Mr.  Syester 
then  read  portions  of  the  hvpothetical 
statement  of  the  defence,  and  claimed  that 
they  had  skillfully  omitted  the,  observations  of 
irritation  in  the  intestines.  It  declared  that 
there  was  no  product  of  inflammatory  action, 
and  yet  Drs.  Miles,  Williams  and  Chew  had 
declared  that  those  products  were  unmistak¬ 
ably  present.  Mr.  Hagner  had  gone  into  a 
most  ingenious  mathematical  calculation,  and 
said  asthe  symptoms  of  the  sickness  alone  sig¬ 
nified  nought,  and  the  post  mortem  lesions  sig¬ 
nified  another  nought,  so  two  noughts  made 
nothing.  That  was  a  most  ingenious  attempt 
on  the  part  of  Mr.  Hagner.  Mr.  Steele 
had  passed  strictures  upon  the  Uni¬ 
versity  of  Maryland,  an  institution 
which  every  Marylander  should  he  proud  of 
and  especially  those -who  heard  the  testimony 
of  its  professors  in  this  case.  Dr.  Morris  said 
that  not  one  of  the  symptoms  of  cerebro  spinal 
meningitis  in  the  cases  he  saw  were  present 
in  General  Ketehum’s  case,  even  as  presented 
in  the  hypothetical  statement  of  the  defence. 
The  defence  had  gone  on  when  Dr.  Morris 
said  he  never  saw  such  a  headache  as  poor 
Armer  had;  that  General  Ketchum  too  had  a 
headache.  Bnt  when  did  General  Ketchum 
have  a  headache?  Not  in  theearlv  stage  ot 
his  attack,  but  only  when  the  hand  of  death 
was  upon  him.  Then  they  claimed  that 
among  the  sixteen  symptoms  Dr.  Warren  had 
claimed  were  referable  to  the  brain  alone,  was 
the  peculiar  condition  of  the  eyes,  loss  of 
sight,  looking  crossways,  etc.;  hut' where  was 
it  in  General  K’.s  case?  At  2  A.  M.  on  Tues¬ 
day,  Mr.  Hutton  found  him  sitting  on  the 
side  of  his  bed,  and  looking  at  his  watch.  Gen. 
K.,  with  his  eyes  crossed,  was  looking  at  his 
watch  at  2  o’clock  in  the  morning.  Who 
would  believe  it?  Mr.  Syester  then  continued 
his  close  and  able  view  and  comparison  of 
the  symptoms  of  General  K.’s  sickness  with 
the  facts  in  the  case,  as  they  had 
been  brought  out  both  by  the  witnesses  for 
the  State  aud  for  the  defence.  Dr.  McClurg, 
who  had  seen  nothing  of  the  case,  aud  whose 
judgment  was  to  override  that  of  the  attend¬ 
ing  physician,  had  come  forward  and  said 
that  when  General  Ketchum  said  on  Mon¬ 
day  that,  he  was  well,  that  he  was 
not  well,  and  that  he  was  not  well 
either,  on  Tuesday  morning, when  he  was  look¬ 
ing  at  his  watch.  Dr.  McClurg  was  hundreds 
of  miles  away  in  Pennsylvania,  and  yet  he 
knew  more  about  the  case  than  those  who 
attended  the  dead  man.  Dr.  Warren  was 
sure  that  General  Ketchum’s  attack  was  of 
the  fulminant  form  of  cerebro  spinal 
meningitis,  and  Dr.  Bird  said  he  was  not 
sure  that  it  was  not  of  the  non-in  flam  inator  v 
form;  then  Dr.  McClurg  came,  and  thought  lie 
would  divide  the  spoils,  aud  said  it  was  of  the 
j  semi-fulminant  form.  Mr.  Syester  continued 
to  review  at  much  length  the  testimony  of 
Dr.  McClurg,  aud  in  an  astute  manner  called 
attention  to  the  absurdities  of  such  state¬ 
ments.  He  then  reviewed  the  symptoms  of 
cerebro  spinal  meningitis,  as  testified  to  bv 
,  Dr.  Warren,  and  compared  them  with  those 
j  in  General  K.’s  case.  He  did  not  believe  that 
any  man  on  the  jury  entertained  au  idea  that 


THE  WHARTON-KETCHUM  TRIAL. 


1G9 


erebro  spinal  meningitis  had  caused  the 
tenth  of  General  K. 

He  next  came  to  the  symptoms  of  tartar 
metic  poisoning.  The  possession  of  the  poi- 
on  in  that  house,  and  in  the  medicines  and 
Irinks  in  that  house  had  been  proved.  Yiffio 
rat  it  there?  Nobody  but  Mrs.  Wharton 
:ould  have  put  it  there.  She  alone  had  it  in 
her  possession,  and  she  had  armed  herself 
,vith  that  deadly  drug.  But  the  defence  say 
;hat  Dr.  Aikin  did  not  get  the  poison.  No 
natter,  it  was  tasted  there,  and 
;here  was  /  no  mistake  about  the  fact 
:hat  it  was  tartar  emetic.  Dr.  Aikin  was 
is  fair  and  honest  a  man  as  ever 
stood  upon  the  witness  stand  of  this  Court 
and  appealed  to  God  for  the  purity  of  his 
heart,  and  no  one  had  dared  to  impeach  his 
integrity  throughout  this  case.  Mr.  Syester 
next  referred  to  the  symptoms  of  tartar  emetic 
poisoning  as  described  by  Dr.  Thompson,  of 
Washington,  in  the  case  which  came  under 
his  observation.  Ho  (Mr.  Syester)  did  not 
understand  why  the  medical  books  were  al¬ 
lowed  by  the  Court  to  be  read  to  the  jury, 
[when  they  did  not  come  with  the  sanction  of 
an  oath,  yet  as  the  defence  had  adopted  them 
he  would  adopt  them  too.  He  then  read 
from  -2d  Beck’s  Medical  Jurisprudence, 
page  646,  as  to  the  symptoms  of  tartar  emetic 
poisoning.  He  then  read  further  from  Tay¬ 
lor  on  Poisons,  pages  476  and  477, /as  to  the 
symptoms  attending  an  overdose  of  that  drug. 
Nobody  had  been  bold  enough  to  claim  that 
General  Ketchum  had  cholera  morbus,  not 
even  the  cerebro  spinal  meningitis  men,  and 
the  State  utterly  denied  that  General  Wharton 
had  cholera  morbus.  Then  what  was  said  on 
the  othefi  side  of  cerebro  spinal  meningitis, 
for  he,  Mr.  Syester,  had  in  his  previous  re¬ 
marks  omitted  to  call  attention  to  it.  First 
came  Nathan  E.  Smith,  of  Baltimore, 
a  man  who  was  known,  not  only  in  Mary¬ 
land,  hut  in  Europe,  and  whose  opinions  were 
authority  for  all  people.  When  he  was  asked 
if  he  believed,  from  the  hypothetical  statement 
of  the  defence,  that  General  Ketchum  died  of 
cerebro  spinal  meningitis,  henotonly  said  that 
he  did  not  die  of  tljat  disease,  but  that  he 
knew  of  no  disease  of  which  lie  could  have 
died  with  such  symptoms. 

No  human  being  had  attempted  to  deny  that 
Mrs.  Wharton  had  tartar  emetic  in  her  pos¬ 
session,  aud  the  defence  had  tried  to  get  rid  of 
it  by  denying  that  she  bought  it. 

Mr.  Syester  then  addressed  himself  to  the 
chemical  testimony  in  the  case.  The  defence 
had  claimed  that  Professor  Aikin’s  tests  were 
wrong  and  insufficient,  for  only  two  reasons: 
First,  that  he  had.  not  produced  the  metal, 
and  secondly,  that  there  might  have  bean 
substances  present  which  would  have  given 
similar  results.  Notwithstanding  the  attacks 
which  had  been  made  upon  him  he  still  stood 
at  the  head  of  his  profession  in  Maryland,  aud 
no  chemist  ever  came  into  a  murder  case 
without  knowing  that  he  would  have 
to  encounter,  as  Professor  Aikin  had  encoun¬ 
tered,  all  the  ill  feelings  which  would  spring 
from  the  side  of  the  criminal.  Drs.  Reese  and 
Genth  had  said  that  they  know  of  no  sub¬ 
stance,  except  antimony,  which  would  give 
the  result  which  Prof.  Aikiu  ha,d  obtained, 


and  even  McCulloch,  who,  he  (Mr.  Syester) 
repeated,  before  the  court  and  the  workl,  had 
practiced  a  fraud  under  the  administration  of 
nublic  justice,  or  else  was  grossly  ignorant. 
Before  bis  voice  bad  died  away  in  the  court 
the  precipitate  which  lie  said  was  antimonial, 
because  it  was  red,  had  turned  black, 
and  when  one  of  the  vials  was  broken  ic 
stained  _  Mr.  Thomas’  hands.  it  was 
only  then  that  he  (Mr.  Syester) 
saw  where  this  case  was  going,  and  he  knew 
that  Professor  McCulloch  had  either  come  to 
impose  upon  the  Court,  jury  and  counsel,  or 
was  grossly  ignorant.  Then  again  when  Prof. 
McCulloch  obtained  a  white  cloud,  he  failed 
to  dissolve  it  in  tartaric  acid  because  he 
thought  it  was  “not  necessary.”  He  (Mr. 
Syester)  begged  the  jury  to  remember,  in 
justice  to  Professor  Aikin,  who  had  been 
grossly  attacked  in  this  case  by  the  experts 
for  the  defence,  went  further  and  dissolved 
his  white  cloud  in  tartaric  acid.  Yvdien  Pro¬ 
fessors  Reese,  Genth  and  McCulloch  were 
asked  why  they  had  not  gone  further, they  said 
they  did  not  think  it  necessary,  and  that 
Worndey  and  Taylor  were  wrong  in  the  pro¬ 
cess  those  great  authorities  claimed  were 
right.  Dr.  Genth,  who  thought  more  of  his 
reputation  than  a  great  many  people  did  of 
their  oaths,  said  that  if  Dr.  Aikin  was  look¬ 
ing  for  antimony  he  was  right,  aud  Dr.  Aikin 
never  said  he  was  looking  for  anything  hut 
antimony^  No  authors  claimed  that  the  pro¬ 
duction  of  the  metal  was  absolutely  necessary 
in  a  poisoning  case,  and  how  would  it  he  iu  a 
case  of  attempted  poisoning?  Tho  poison 
could  not  then  be  produced,  and  would 
the  defence  claim  that  in  such  a  case  the  mecal 
must  he  produced?  When  Prof.  Y/hite  was 
asked  if  he  saw  the  morning  skies  streaked 
with  the  glories  of  morning  would  he  believe 
that  the  sun  wasr.isiDg,  and  he  had  said  lie 
had  rather  see  the  daylight.  Such  men  would 
doubt  everything,  and  would  refuse,  like 
doubting  Thomas,  to  believe  until  they 
touched  the  bones  of  tho  crucified  Saviour. 
They  would  doubt  the  spring  time  and 
put  behind  them  all  the  visible  proofs 
of  nature.  Mr.  Syester  next  commented 
in  warm  terms  of  eulogy  upon  the 
opinions  of  the  great  authors,  Orfila, 
Taylor  and  Wormley,  who  supported  Professor 
Aikin. 

At  ten  minutes  after  12  o’clock  Mr.  Syester 
suspended,  that  the  jury  might  have  a  recess 
of  ten  minutes. 

A  large  number  of  persons,  both  ladies  and 
gentlemen,  had  arrived  by  the  half-past  10 
o’clock  train  from  Baltimore,  and  the  court 
was  even  more  densely  crowded  than  on  yes  ■ 
terday.  It  was  several  minutes  before  the 
Sheri'S  could  remove  the  crowd  sufficiently 
for  the  jury  to  retire. 

Mr.  Syester  resumed  at  twenty  minutes  past 
13  o’clock,  and  again  referred  to  th<?  claim  of 
the  defence  that  the  poison  should  have  been 
produced  in  the  metallic  form.  All  the  au¬ 
thorities  said  it  was  not  absolutely  necessary 
to  produce  the  metal.  If  that,  true  criminals 
could  never  he  brought  to  justice,  uo  matter 
what  were  the  circumstances  surrounding  the 
crime,  why  pause  and  ask  if  it  was  antimony 
Prof.  Aikin  found  iu  General  K.’s  stomach? 


170 


THE  JVHA  R  TOE  KETCH  JIM  TRIAL. 


The  circumstances  of  the  case  must  be  looked 
at.  Gen.  K.  was  iu  Mrs.  Wharton’s  house, 
without  anybody  to  watch  ove^  him.  Mrs. 
Wharton  was  up  and  down  during  all 
of  Saturday,  Sunday  and  Monday  nights;  so 
Mrs.  Chubb  said.  What  was  she  doing  while 
she  was  up  on  those  nights?  She  was  not  in 
her  own  room,  and  she  was  not  in  Mr.  Van 
Ness’ room.  Then  where  was  she?  The  de¬ 
fence  could  have  shown  where  she  was,  hut 
they  did  not.  Where  was  she?  What  was 
sue  doing  ?  Where  was  she  on  Monday  night  ? 
Mrs.  Van  Ness  swore  that  on  Sunday  night 
she  came  into  the  room  she  was  occupying, 
and  went  to  the  washstand.  If  she  was  so  at¬ 
tentive  to  him  on  Sunday  night,  it  was 
reasonable  to  suppose  that  she  was 
equally  attentive  on  Monday  night.  On 
that  night  stye  came  down  from  his  room  in 
an  excited  state,  and  said  she  had  broken  the 
bottle  containing  Gen.  Ketchnm’s  medicine. 
But  the  noise  in  his  room  at  that  time  was 
that  of  a  jump  on  the  floor.  Nobody  knows 
what  happened  in  that  room  at  that  time. 
She  then  said  that  this  man  who  was  in  the 
habit  of  drugging  himself,  was.  she  feared, 
impatient  to  have  the  medicine  Dr.  Williams 
had  prescribed  for  him.  When  Mr.  Hutton 
went  to  his  room  at  2  A.  M.  Tuesday,  he  made 
known  to  him  the  object  of  his  visit,  telling 
him  he  wished  the  bottle  of  medicine  which 
he  was  using  to  take  to  Mr.  Van 
Ness.  Mrs.  Wharton  then  consented  that 
his  medicine  should  be  taken  from  him. 

When,  at  7  o’clock  that,  day,  Mrs.  Chubb 
stopped  to  inquire  about  him,  he  told  her  he 
was  well  enough  to  come  over  to  Washington 
ou  that  day,  to  take  dinner  with  her.  Do  sick 
men  do  such  things?  Then,  when  Dr.  Wil¬ 
liams  called  at  10  o’clock,  he  was  well,  hut 
Susan  Jacobs,  immaculate  Susan,  found  him 
at  3  o’clock  so  dizzy  that  he  could  hardly  walk 
across  the  room.  He  (Mr.  Syester)  did  not  be¬ 
lieve  that  General  Ketchum  ever  saw  the 
vial  of  laudanum.  Mr.  Eogers  had  sworn 
that  he  had  not  sold  such  a  vial  for  six 
months,  and  yet  the  defence  would  have  the 
jury  believe  that  the  sick  man  had  gone 
more  than  a  mile  to  get  it.  Mrs.  Wharton 
waited  until  Wednesday  morning  before 
she  mentioned  the  vial  of  laudanum  to  any 
one  but  Susan  Jacobs.  She  sent  for  no 
physician,  and  she  only  asked  Mr.  Hutton  to 
see  what  he  thought  was  General  K’s  condi¬ 
tion.  If  she  then  believed  what  she  said  she 
believed,  slie  ought  to  have  sent  for  a  physi¬ 
cian  without  a  moment’s  delay.  Ou  Wednes¬ 
day  she  did  not  send  for  a  physician  until  8 
A.  M.—  so  Susan  Jacobs  says— but  Dr.  Wil¬ 
liams  says  not  until  10  o’clock.  He  did 
not  arrive  until  10  o’clock.  Mr.  Syester 
continued  to  review  the  testimony  as  to  Mrs. 
Wharton’s  movements  and  declarations,  and 
in  strong  and  forcible  language  presented 
to  the  jury  the  importance  of  the  testi¬ 
mony  as  to  tlie  administration  by  Mrs.  Whar¬ 
ton  of  the  final  dose  to  Geueral  Ketchum. 
The  defence  had  undertaken  to  make  the  jury 
believe  that  wliat  Mrs.  Hutton  swore  to  was 
but  a  dream  of  her  iminainnation  and  the  off¬ 
spring  of  her  suspicions,  but  Mrs.  Hutton  had 
seen  a  former  dose  of  yellow  jessamine  given 
to  General  Ketohuui,  and  she  bad  seen  its  re¬ 


sults.  AVhen  Mrs.  Wharton  insisted  upon 
giving  him  the  dose  she  had  “dropped,”  Mrs 
Hutton  remonstrated.  How  will  the  defence 
meet  that  fact  ?  Again,  why  was  Mrs.  Whar¬ 
ton  so  anxious  to  take  away  from  that  room 
the  cap  anil  the  spoon  which  had  been  used' 
l>y  her  in  giving  General  Ketchum  that  fiual 
dose  ?  She  stood  and  watched  the  dying  ago¬ 
nies  of  the  man.  and  when  she  saw  that  there 
was  no  more  hope  for  him,  then  she  went 
away  and  took  with  her  the  instruments  she, 
had  used  They  never  left  her  hands,  and  she 
carried  them  away  with  her.  These  circum¬ 
stances  were  all  suspicious  enough.  The 
United  States  had  been  ransacked  for  wit¬ 
nesses  to  testify  to  Mrs.  Wharton’s  character, 
lmt  the  great  body  of  those  who  knew  her  in 
Baltimore  are  not  here;  they  are  as  silent  as  the 
grave.  Then,  too,  what  has  the  question  of 
character  to  do  with  a  case  in  which  tho  cir¬ 
cumstantial  evideucesare  all  cogent  and  forci¬ 
ble?  It  had  nothingmore  to  do  with  the  case; 
than  it  had  to  do  with  removing  the  sus¬ 
picions  of  which  Mr.  Steele  had  spoken  so 
earnestly.  When  Mrs.  Wharton  was  told  that 
poison  had  been  found  in  Geueral  Ketehum’s 
body,  and  in  the  vessels  in  her  house,  what: 
did  she  do?  Did  she  act  as  anybody  would  j 
have  done  when  they  were  told  that  a  friend  ' 
had  been  poisoned?  No;  she  said  if  tartar 
emetic  had  been  found  in  his  stomach,  he  put 
it  there  himself.  She  not  only  acquitted  her  ! 
servants,  did  nothing,  made  no  search, 
but  was  cold-blooded  enough  to  suggest  that , 
the  friend  who  had  died  in  her  house  had  him-  . 
self  taken  tho  poison.  Where  was  her  hu¬ 
manity  in  that?  Here  Mr.  Syester,  in  eloquent  | 
language,  begged  the  jury  to  cousider  the  sig-  I 
niticance  of  that  fact.  General  Ketchum  was  i 
hardly  dead  before  Mrs.  Wharton  had  her 
hands  on  bis  estate.  When  his  clothes  were  , 
packed  no  vest  was  to  be  found.  Mr.  Syester 
referred,  at  some  length,  to  the  testimony 
about  the  vest,  and  said  that  all  the  probabili-  ; 
ties  were  that  Mrs.  Whartou  had  the  vest,  i 
And  she  had  a  motive  in  having  it,  for 
the  State  still  claimed  that  she  owed  I 
General  Ketchum  $2,000.  Mrs.  Cottmau’s 
testimony  was  the  merest  child’s  play  that 
was  ever  introduced  into’a  criminal  cast;..  Tho 
defence  did  not  dare  to  ask  her  if  there  were 
any  scraps  of  paper  on  the  hearth  before  she 
saw  those  which  they  claimed  were  those  of  ; 
the  note  she  owed  General  IC.  Mr.  Syester 
next  addressed  himself  to  the  testimony  ag  to 
the  bonds,  and  claimed  that  it  was  absurd  to 
believe  that  Mrs.  Wharton  would  have  been 
paying  General  K.  10  per  cent  interest  on  i 
$2,000  when  he  hold  $1,000  of  her  bonds,  bear-  ; 
ing  only  5  per  cent. 

The  defence  had  proven  that  Nellie  had 
bonds  and  enough  money  to  take  them  across 
the  water,  and  they  had  the  right  to  prove 
that  Mrs.  Wharton,  too,  had  bonds.  But  they  j 
did  not  attempt  to  do  it.  If  they  could  bavo  < 
done  it  they  would  havo  done  it,  as  sure  as 
sunrise. 

Mr.  Syester  next  addressed  himself  to  the 
proof  (if  Mrs.  Wharton’s  indebtedness,  and 
contended  that  it  was  sustained  by  bis  papers.  I 
Earnest  objection  was  here  made  by  Mr.  Steelo  t 
to  a  reference  to  the  bank  book,  and,  after 
some  excited  discussion  between  counsel,  Mr 


THE  WHARTON-KETGHUM  TRIAL. 


m 


t 


Syester  said  the  Court  would  have  ruled  out 
uich  testimony  as  irrelevant  if  it  had  been  of¬ 
fered,  and  it  was  material  to  the  main  issue 

Mr.  Syester  next  asked  the  jury  to  consider 
■■he  acts  of  Mrs.  Wharton  in  attempting  to  get 
Mrs.  Chubb’s  mind  so  confused  about  the 
purchase  of  tartar  emetic  that  she  would  not 
be  able  to  testify  at  all  about  it. 

.  The  defence  had  charged  that  the  whole 
University  of  Maryland  was  influenced  by 
prejudice,  but  such  was  not  the  case. 

In  conclusion,  Mr.  Syester  reminded  the  jury 
in  an  earnest  tnanner,  that  they  had  solemnly 
pledged  themselves  to  a  true  deliverenee 
make  between  the  State  of  Maryland  and  the 
prisoner.  He  concluded  at  exactly  2  P.  M., 
having  argued  the  case  for  six  hours  and  a 
half.  His  effort  in  this  great  trial  was  such 
anoneaswell  became  him  as  the  chief  judi¬ 
cial  officer  of  Maryland. 

The  Chief  Judge  then  called  for  the  indict¬ 
ment,  and  directed  Deputy  Sheriff  Bryan  to 
carefully  perform  the  duty  the  law  imposed 
upon  him.  Mr.  Bryan  then,  amid  unimpres¬ 
sive  silence,  took  the  following  oath: 

“You  shall  well  and  truly  keep  this  jury  to¬ 
gether,  without  meat  or  drink;  you  shall  suf¬ 
fer  no  person  to  speak  to  them,  neither  shall 
yon  speak  to  them  yourself,  unless  it  be  to  ask 
if  they  are  agreed  upon  their  verdict,  without 
the  permission  of  the  Court — so  help  you 
God.” 

In  a  moment  more  the  indictment  was 
handed  to  the  jury,  and  the  Chief  Judge  in¬ 
formed  the  jury  that  the  form  of  their  verdict 
must  he,  not  guilty,  or  murder  in  the  first  de¬ 
gree.  The  jury  then  retired,  in  charge  of 
Deputy  Sheriff  Bryan,  and  ascended  to  their 
room  in  the  story  above  the  court  room. 

During  all  these  tryiag  moments  Mrs. 
Wharton  and  her  daughter  were  very  calm. 
Both  of  them  were  most  attentive  listeners  to 
Mr.  Syester’s  argument.  When  the  jury  re¬ 
tired  no  word  passed  between  Mrs.  Wharton 
and  those  near  her;  both  of  them  seemed  to 
appreciate  the  solemn  issues  which  had  been 
now  submitted  to  the  jury.  The  crowd  still 
remained  in  the  court  room,  and  all  seemed 
determined  to  be  present  when  the  jury  re¬ 
turned. 

In  a  few  minutes  the  Chief  Judge  said  the 
jury  had  requested  to  have  chairs,  and  that 
the  twelve  chairs  which  had  been  taken  from 
their  room  must  he  returned.  Twelve  ladies 
were  accordingly  dispossessed  that  the  jury 
might  he  comfortable  while  they  deliberated. 
In. a  few  minutes  more  the  Chief  Judge  an¬ 
nounced  that  the  Court  would  take  a  recess, 
but  mentioned  no  limit  of  time.  The  crowd 
lessened,  but  the  court  room  was  still  filled. 
The  Judges  soon  left  the  bench,  and  the  anx¬ 
ieties  of  the  crowd  seemed  considerably 
calmed  by  their  absence. 

At  sixteen  minutes  of  3  o’clock.  Sheriff 
Chairs  came  for  Mrs.  Wharton  to  re¬ 
turn  to  jail.  She  arose  quietly,  and  taking 
his  arm,  left  the  court  room.  She  was  pre¬ 
ceded  by  her  daughter  and  Mr.  Fendall,  of 
Washington,  and  Mr.  Nugent,  Mr.  and  Mrs.  J. 
Crawford  Neilson  and  Miss  Rosa  Neilson  fol¬ 
lowed  close  behind.  As  the  now  famous 
prisoner  over  whose  head  hung  the  issue  of 
life  and  death,  passed,  out,  she  was  scrutinized 


by  every  one  who  could  get  near  enough  to 
her,  and  a  rush  was  made  for  tho  passage 
way,  the  brick  walk  leading  to  the  court 
house  door,  and  around  her  carriage,  as  soon 
as  her  approach  was  heralded  by  the  hustle 
of  the  crowd.  She  was  conveyed  to  her 
prison  home  to  await  a  summons  to  reappear 
in  court. 


SEir.  SteeSe  MairsSaal  IFrey — An 

IBxjsSsuiaeaoia.. 

[We  are  authorized  to  state  that  the  words 
“going  with  a  lie  in  his  mouth,”  &c.,  which 
appeared  in  the  report  ot  Mr.  Steele’s  speech, 
were  used  by  him  as  generally  descriptive  of 
a  detective  and  his  business.  They  were  not 
applied  personally  to  Marshal  Frey,  or  to  his 
conduct  in  this  case.] 


F©I£T’SVI'BE0E2B>  E5AY. 

Annapolis,  January  24, 1872. 

At  ten  minutes  of  10,  the  Chief  Judge  was  in¬ 
formed  that  the  jury  had  agreed.  The  court 
room  was  soon  filled  by/  an  eager  crowd,  but 
few  ladies  being  present.  At  twenty  minutes 
past  10,  Mrs.  Wharton  and  her  daughter,  ac¬ 
companied  by  Mr.  and  Mrs.  J.  Crawford  Neil¬ 
son,  entered  the  court  room.  Mrs.  Nugent  and 
Miss  Rosa  Neilson  were  also  present.  Mrs. 
Wharton,  her  daughter,  and  her  friends  ap¬ 
peared  in  good  spirits,  as  the  favorable  char¬ 
acter  of  the  verdict  was  known  to  them.  At 
twentv-five  minutes  past  10,  the  Chief  Judge 
directed  that  the  jury  he  brought  in.  At 
20  minutes  past  10,  the  jury  entered.  Mrs. 
Wharton  had  already  been  placed  in  the  pris¬ 
oner’s  box.  At  twenty-seven  minutes  past  10, 
the  verdict  of  “Not  Guilty”  was  rendered. 

The  oppressive  silence  was  broken  by  the 
calling  of  the  jury  by  the  clerk,  and  their 
answering.  -  Colonel  Harwood,  clerk,  then 
said:  “Gentlemen  of  the  jury,  are  you  agreed 
upon  your  verdictf’  There  was  a  nod  of  assent 
by  the  jurors. 

Clerk— “Who  shall  answer  for  you?” 

A  juror  answered— “Our  foreman.” 

Mrs.  Wharton  was  then  directed  to  raise 
her  right  hand. 

Clerk— “Gentlemen  of  the  jury,  look  upon 
the  prisoner  at  the  bar.  How  say  you;  is  she 
guilty  of  the  matter  whereof  she  stands  in¬ 
dicted,  or  not  guilty?”  „  .  ' 

Foreman  (Franklin  Dealer — “Not  Guilty.” 

As  the  foreman  answered,  there  was 
a  slight  manifestation  of  applause,  which 
was  instantaneously  checked  by  the 
Court  and  bailiffs.  Every  eye  was  fixed 
upon  the  prisoner,  who  still  stood  calm  and 
apparently  unmoved,  hut  through  the  heavy 
black  crape  veil,  which  was  not  displaced, 
tears  could  be  seen  streaming  down  her  face. 
Otherwise  there  was  no  sign  of  emotion.  Miss 
Nellie  wept  and  was  deeply  affected.  When 
Mrs.  Wharton  left  the  prisoner’s  box,  Mr. 
Steele,  Mr.  Thomas  and  Mr.  Hagner,  her  coun¬ 
sel,  each  shook  her  hand,  with  brief  words  of 
'congratulation.  Her  friends  present  also  took 
her  hand, expressing  gratification  at  the  result 
of  the  trial. 


172 


THE  WHAETON-KETCHUM  TRIAL. 


It  is  understood  that  before  agreeing  the 
jury  stood  eight  for  acquittal  and  four  were 
not  fully  determined  on  their  verd’ct.  It  was 
first  decided  they  would  agree  and  not  go 
in  a  hung  jury.  During  the  time  they  were 
out  live  ballots  were  taken,  after  which  a 
verdict  6f  “not  guilty”  was  agreed  to. 

From  its  commencement  to  its  close  the 
trial  of  the  case  has  been  conducted  with 
marked  ability7,  equally7  in  the  matter  of  evi¬ 
dence  and  argument.  The  State  has  been 
represented  by  Attorney  General  Syester  and 
State’s  Attorney  Revell,  who  stand  at  the 
head  of  the  profession  as  able  and  skillful 
attorney’s;  while  the  prisoner  was  defended 
by  gentlemen  who  have  few  superiors  at  the 
Bar.  The  Court  was  composed  of  Judge 
Miller,  of  the  Court  of  Appeals  of  the 
State,  and  Chief  Justice  of  this  District, 
assisted  by  Judges  Hayden  and  Hammond, 
three  as  able  jurists  as  sit  upon  the  bench  of 
this  State.  In  every  respect  the  trial  has  been 
impartial  and  ably  conducted. 


rhere  was  no  charge  to  the  jury  by  th 
Coart,  the  Constitution  ox  Mary’laud  contain 
ing  a  provision  that  in  criminal  cases  thejur 
shall  be  judges  of  the  law  as  well  as  the  facts 
Before  adjourning,  it  was  understood  be 
tween  the  Court  and  counsel  that  the  trial  o 

Mrs.  VV  barton  on  the  indictment  for  the  at 

tempt  to  poison  Mr.  Van  Ness  would  come  of 
at  the  regular  term  of  the  Court  in  April. 

Previous  to  the  entry  of  the  jury  in  tin 
court  room,  Chief  Judge  Milier  adinonisliei 
the  audience  that  no  manifestations  of  ap 
pro val  or  disapproval  would  be  permitted  or 
the  rendering  of  the  verdict.  After  the  jury 
had  entered  and  taken  their  seats,  for  a  few 
minutes  a  stillness  and  silence  as  solemn  as 
ever  witnessed  at.  a  death-bed  scene  pervaded 
the  room.  Mrs.  Wharton  was  standing  in  the 
prisoner’s  box,  with  Mr.  Crawford  Neilson  at 
her  side,  and  by  them  stood  Miss  Nellie 
Wharton  with  Mr.  Thomas,  one  of  the  coun¬ 
sel. 


Trials. 


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